HomeMy WebLinkAbout FULL PACKET_2011-05-02MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 11, 2011
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
CITY HALL, 8T" FLOOR, ROOM 831
20 CIVIC CENTER PLAZA
SANTA ANA, CA
4:49 P.M.
COUNCILMEMBERS Present:
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
SAL TINAJERO
*COUNCILMEMBERS Absent:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tern
VINCENT F. SARMIENTO
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant
to Government Code Section 54956.9(a)
Friends of Lacy v. City of Santa Ana Orange County Superior Court Case No.
30-2010-00388033
CLOSED SESSION REPORT - Nothing to report.
ADJOURNED - 5:35 p.m.
"Mayor Pulido, Mayor Pro Tern Alvarez, and Councilmember Sarmiento not present due to conflict of
interest.
CITY COUNCIL MINUTES 1 APRIL 11, 2011
1 0A-1
1 0A-2
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 18, 2011
CLOSED SESSION MEETING
CALLED TO ORDER
POLICE CHIEF'S CONFERENCE ROOM
60 CIVIC CENTER PLAZA, 4TH FLOOR
SANTA ANA, CA
5:10 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
City Council Items
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Prudencio Ramirez v. City of Santa Ana, Orange County Superior Court
Case No. 30-2010-00365705
1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(c) - Two Cases*
CITY COUNCIL MINUTES 1 APRIL 18, 2011
1 0B-1
*Mayor Pulido and Councilmember Sarmiento excused themselves from
discussion of one anticipated litigation matter due to a conflict of interest
and did not participate in consideration of this matter. They left the room
from 5:35 p.m. to 5:49 p.m.
1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
Employee Organizations: Santa Ana Police Officers Association
(POA)
Santa Ana Police Management Association
(PMA)
Santa Ana Fireman's Benevolent
Management Association (FBA)
Santa Ana Fire Management Association
(FMA)
Service Employees' International Union
(SEIU) Full-Time Employees
Service Employees' International Union
(SEIU) Part-time Civil Service Employees
Confidential Association of Santa Ana
(CASA)
Santa Ana Management Association
(SAMA)
Executive Management (EM)
1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney; and City Manager
Joint City Council and Community Redevelopment Agency Item:
3A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
*Friends of Lacy v. City of Santa Ana Orange County Superior Court Case
No. 30-2010-00388033
*Mayor Pulido, Mayor Pro Tern Alvarez, and Councilmember Sarmiento
excused themselves from proceedings of Closed Session Item 3A due to
CITY COUNCIL MINUTES 2 APRIL 18, 2011
1 0B-2
a conflict of interest and did not participate in consideration of this item.
They left the room at 5:20 p.m.
CLOSED SESSION REPORT - See Item 19A for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:25 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 3 APRIL 18, 2011
1 0B-3
REGULAR OPEN SESSION
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:30 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CITY COUNCIL RECESSED AND CONVENED TO THE COMMUNITY
REDEVELOPMENT AGENCY MEETING; RECONVENED AT 6:31 P.M. WITH SAME
MEMBERS PRESENT.
AGENDA ITEM TAKEN OUT OF ORDER
THE CITY COUNCIL RECESSED AT 6:31 P.M. FOR A JOINT SESSION OF THE
CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY
*Mayor Pulido, Mayor Pro Tern Alvarez, and Councilmember Sarmiento
excused themselves from proceedings of Item 80A due to a conflict of
interest and did not participate in consideration of this item. They left the
Community Room at 6:32 p.m.
MOTION: Appoint Councilmember Bustamante to Chair the meeting
(pursuant to SAMC 2-101 due to unavailability of Mayor and Mayor
Pro Tem).
CITY COUNCIL MINUTES 4 APRIL 18, 2011
1 0B-4
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Benavides, Bustamante, Martinez, Tinajero (4)
None (0)
None (0)
Alvarez, Pulido, Sarmiento (3)
Councilmember Bustamante assumed the Chair and presided over item.
80A JOINT SESSION - SETTLEMENT AGREEMENT WITH FRIENDS OF
THE LACY HISTORIC NEIGHBORHOOD AND FIRST AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH SANTA
ANA STATION DISTRICT, LLC - Community Redevelopment Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2011-023 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ADOPTING CEQA
FINDINGS OF FACT AND A STATEMENT OF OVERRIDING
CONSIDERATIONS AND CONSENTING TO THE APPROVAL OF
THE FIRST AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND
SANTA ANA STATION DISTRICT, LLC AND MAKING CERTAIN
OTHER FINDINGS IN CONNECTION THEREWITH
2. Direct the City Attorney to prepare and authorize the City
Manager, the Chair of the Council, and Clerk of the Council to
execute a settlement agreement.
AGMT NO. 2011-105 - With the Friends of the Lacy Historic
Neighborhood, Deborah McEwen, the City of Santa Ana, the City
Council of Santa Ana, the Redevelopment Agency of the City of Santa
Ana, the Board of the Agency, and Santa Ana Station District, LLC.
3. Approve amendment to terms of settlement agreement for
petitioner's attorney fees $75,000 (paid for by developer).
CITY COUNCIL MINUTES
5
APRIL 18, 2011
1 0B-5
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Pulido, Sarmiento (3)
ADJOURNED JOINT MEETING AT 6:32 P.M. MAYOR PULIDO RETURNED AND
RE-ASSUMED THE CHAIR.
*Councilmember Tinajero left the meeting at 6:33 p.m.
CLOSED SESSION REPORT - Interim City Attorney Straka reported that the settlement
agreement on Friends of Lacy was already considered.
Mayor Pulido announced that Mitsubishi Motors showcasing Mitsubishi I outside of the
Police Community Room. It is an all-electric vehicle, for green energy; available tonight
for questions.
PUBLIC COMMENTS
• Ralph Allen, opposed to process used to establish the PBID.
• Ron Stock (Claudia Arellanes read letter on his behalf), requested answers to
following questions: assessment amount of all businesses, and use of funds in
PBID.
• Nina Jun, waiting for response to petition filed 5 months ago on the disestablishment
of PBID.
• Andrew Slade, attorney representing Nina Jun, concerned with process used for
establishment and administration of PBID.
• Kenneth A. Bryant, attorney, requested disestabishement of PBID, petition signed by
30% of businesses.
• Fernando Ceballos, dissolve PBID.
• Shawn Makhani (Fernando Ceballos read letter on his behalf), opposed to PBID.
• Fina Chaves, opposed to PBID.
• Herb Rose (Fins Chaves read letter on his behalf), disestablishement of PBID;
proportional benefit of assessment.
• Alicia Koberstein, spoke in opposition to elephant rides at Santa Ana Zoo.
• Juan Alvarez (spoke in Spanish) requested City Council change policy on impound
of vehicles.
• Paty Madueno, representing OCCCO, asked that City review and change the policy
regarding impounding of vehicles.
CITY COUNCIL MINUTES 6 APRIL 18, 2011
1 0B-6
• Maria Rose Lopez, also requested that the City Council change policy on the
impound of vehicles; submitted 23 signed petitions from residents requesting same.
• Alicia Reynoso, representing Los Amigos, would like City to review the City of San
Francisco and Los Angeles' policy on impounding of vehicles.
• Alfredo Amezcua, spoke on importance of Agenda Item 80A; opposed to PBID; and
support OCCCO's efforts to change policy on vehicle impounds.
*Mayor Pulido and Councilmember Sarmiento left the meeting at 7:08 p.m. Mayor Pro
Tern Alvarez assumed the Chair.
CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 25E with the
following modifications:
• Mayor Pro Tern Alvarez noted that Mayor Pulido would be abstaining
on item 11A (due to a campaign contribution, conflict of interest);
• Agenda Item 20A pulled for separate vote (requires 5 affirmative
votes).
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Sarmiento, Tinajero (3)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE APRIL 4, 2010 CITY COUNCIL MEETING - Clerk
of the Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 7 APRIL 18, 2011
1 0B-7
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the
minutes for second reading.
11A AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02:100-140
EAST MACARTHUR BOULEVARD - Planning and Building Agency
Placed on first reading at the April 4, 2011 City Council meeting and
approved by a vote of 6-0 (Pulido abstained).
Published in the Orange County Reporter on April 8, 2011.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2817 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND GRAND PLAN 2, LLC AND LYON INTEGRAL MACARTHUR
PLACE, LLC
BOARDS / COMMISSIONS / COMMITTEES
13A NOMINATED BY MAYOR PRO TEM ALVAREZ AS THE WARD 5
REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 11,
2012 - Clerk of the Council Office
MOTION: Appoint
Residing
Name Board/Commission Ward
John J. Polce Historic Resources 5
(Replacing Bustamante) Commission
13B BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT -
OCTOBER 2010 THROUGH MARCH 2011 - Clerk of the Council Office
MOTION: Receive and file.
13C COUNCIL COMMITTEE REPORTS
MOTION: Receive and file.
CITY COUNCIL MINUTES 8 APRIL 18, 2011
1 0B-8
Committee Name
Parks, Recreation Education & Youth
Parks, Recreation Education & Youth
Public Safety
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - None
19B EXCUSED ABSENCES - None
Date
01/12/2011
02/25/2011
11/30/2010
19C REQUEST FOR PROPOSALS TO PROVIDE AND INSTALL LED
STREET LIGHTS - Public Works Agency
MOTION: Authorize the Public Works Agency to send a Request for
Proposals to qualified firms to provide and install energy-efficient
LED street lights.
19D AUTHORIZATION TO REQUEST PROPOSALS FOR PRE-
PRELIMINARY ENGINEERING ANALYSIS FOR THE SANTA ANA
GARDEN GROVE FIXED GUIDEWAY (PROJECT 092505) - Public
Works Agency
MOTION: Authorize the Public Works Agency to issue a Request for
Proposals (RFP) to qualified consulting firms to prepare Pre-
Preliminary Engineering project deliverables required by the Federal
Transit Administration.
19E REQUEST FOR PROPOSALS FOR PART-TIME PLAN CHECK
SERVICES - Planning and Building Agency
MOTION: Authorize the Planning and Building Agency to send a
Request for Proposals to qualified consulting firms to provide part-
time plan check services for the Building Division.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A TAKEN OUT OF ORDER
CITY COUNCIL MINUTES 9 APRIL 18, 2011
1 0B-9
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 08-046 - CHARTER BUS SERVICE - Renew the contract
with Certified Transportation Services, Inc. in an amount not to exceed
$100,600 (Parks, Recreation and Community Services and Police
Department) - Finance & Management Services
22B SPEC. NO. 08-076 - SAFETY GLOVES - Renew the contract with Fisher
Scientific, LLC for a one-year period in an annual amount not to exceed
$35,000 - Finance & Management Services
22C SPEC. NO. 09-010 - ON-CALL SANITARY SEWER LINING SERVICES -
Renew the contract with RePipe-California, Inc. for a one-year period in an
amount not to exceed $500,000 (Public Works Agency) - Finance &
Management Services
PROJECTS/CHANGE ORDERS
23A CONTRACT CHANGE ORDER NO. 1; SR55/MACARTHUR
BOULEVARD RAMPS WIDENING (PROJECT NO. 072503) - Public
Works Agency
MOTION: Approve Change Order No. 1 for SR551MacArthur
Boulevard ramps widening for an estimated cost of $600,000.
23B CONTRACT CHANGE ORDER NO. 2; DYER ROAD AND GRAND
AVENUE INTERSECTION WIDENING - Public Works Agency
MOTION: Approve Change Order No. 2 for Dyer Road and Grand
Avenue Intersection Widening for an estimated cost of $75,000.
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item 25A
through 25E)
CITY COUNCIL MINUTES 10 APRIL 18, 2011
1 0B-10
25A AGMT NO. 2011-106 - DOWNTOWN GENERAL MAINTENANCE
SERVICES AND GUARDRAIL, BOLLARD AND CHAIN LINK FENCE
REPAIR - Execute an amendment with Orange County Contractors
Services dba Orange County Mailboxes and Construction for an amount
not to exceed $100,000 through June 30, 2012, with an option to extend
an agreement for two additional one-year renewals - Community
Development Agency and Public Works Agency
25B ON-CALL ENGINEERING SERVICES FOR WATER AND SEWER
PROJECTS - Public Works Agency
¦ AGMT NO. 2011-107 - Execute an amendment with Tetra Tech, Inc. in
the amount of $200,000 for total contract amount not to exceed
$900,000.
¦ AGMT NO. 2011-108 - Execute an amendment with Psomas, Inc. in
the amount of $200,000 for total contract amount not to exceed
$900,000.
25C AGMT NO. 2011-109 - ENVIRONMENTAL IMPACT REPORT FOR THE
SAN LORENZO SEWER LIFT STATION (PROJECT NO. 063510) -
Execute an amendment with T & B Planning in an amount of $40,275 for a
total contract amount not to exceed $135,549 - Public Works Agency
25D ACQUISITION OF RIGHT-OF-WAY FOR THE OCTA AT-GRADE RAIL
SAFETY ENHANCEMENTS (PROJECT NO. 091745) - Convey to the
City a portion of the property located on Lincoln Avenue between Santa
Ana Blvd. and Fruit Street at no charge - Public Works Agency
¦ AGMT NO. 2011-110 - With Orange County Transportation Authority
(OCTA), APN# 398-207-02
¦ AGMT NO. 2011-111 - With Orange County Transportation Authority
(OCTA), APN# 398-207-01
25E AGMT NO. 2011-112 - COMPUTER AIDED DISPATCH SYSTEM
MAINTENANCE - With TriTech Software Systems in an amount not to
exceed $120,844 for a one-year period - Fire Department
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 11 APRIL 18, 2011
1 0B-11
BUSINESS CALENDAR
ORDINANCESIFIRST READING
50A AMEND CHAPTER 5 OF SANTA ANA MUNICIPAL CODE REGARDING
CARE, TREATMENT AND ASSESSMENT OF DOGS - Police Department
MOTION: Place ordinance on first reading and authorize publication
of title
ORDINANCE NO. NS-2818 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA
ANA MUNICIPAL CODE REGARDING THE CARE, TREATMENT, AND
ASSESSMENT OF DOGS
MOTION: Martinez
VOTE: AYES:
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez
(4)
NOES:
ABSTAIN:
ABSENT:
RESOLUTIONS
55A TAKEN OUT OF ORDER
None (0)
None (0)
Pulido, Sarmiento, Tinajero (3)
55B ADOPT A RESOLUTION AUTHORIZING THE IMPLEMENTATION OF A
PARS TRUST PLAN FOR AFFECTED FORMER POLICE OFFICERS
ASSOCIATION MEMBERS - Personnel Services Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2011-024 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE
IMPLEMENTATION OF A SUPPLEMENTARY RETIREMENT PLAN
FOR TWENTY-FIVE (25) POLICE OFFICERS ASSOCIATION
RETIREES, DESIGNATING PUBLIC AGENCY RETIREMENT
SERVICES AS THE TRUST ADMINISTRATOR AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE RETIREMENT PLAN AND
TRUST DOCUMENTS
CITY COUNCIL MINUTES 12
APRIL 18, 2011
1 0B-12
2. Authorize the City Manager and Clerk of the Council to execute an
agreement.
AGMT NO. 2011-114 - With PARS to establish and administer the Plan
for a period of five years with provision for year-to-year extensions,
contingent upon Council approval, and to execute any other
documents required to establish the trust and implement the Plan.
3. Appoint the Executive Director of Personnel Services, or
designee, as the City's Plan Administrator for the Plan, authorized
to implement the Plan and to take additional actions as necessary
to maintain the City's participation in the Plan, maintain
compliance with any regulations regarding the Plan, and to
administer the PARS Trust Supplementary Retirement Plan for
said twenty-five (25) POA retirees, on behalf of the City.
MOTION: Bustamante SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez
(4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido, Sarmiento, Tinajero (3)
*Mayor Pulido and Councilmember Sarmiento returned to the meeting at 7:10 p.m.
TAKEN OUT OF ORDER - APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2010/11 CAL-GRIP
GRANT FUNDING PROGRAM - Police Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2011-180 - Recognizing the FY
2010/11 California Gang Reduction, Intervention and Prevention Program
Fund (CAL GRIP) in the amount of $369,309 into the revenue account and
appropriate same into the expenditure accounts
CITY COUNCIL MINUTES 13 APRIL 18, 2011
1 0B-13
MOTION: Alvarez
VOTE:
SECOND: Pulido
Alvarez, Benavides, Bustamante, Martinez
Pulido, Sarmiento (6)
None (0)
None (0)
Tinajero (1)
AYES:
NOES:
ABSTAIN:
ABSENT:
TAKEN OUT OF ORDER - RESOLUTIONS
55A APPROPRIATION ADJUSTMENT
INTEROPERABLE EMERGENCY
PROGRAM (IECGP) - Police Department
MOTION:
1. Adopt a resolution.
ACCEPTING FY 2010
COMMUNICATIONS GRANT
RESOLUTION NO. 2011-025 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER OR THE CHIEF OF POLICE TO ENTER INTO AN
AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY
MANAGEMENT AGENCY FOR THE FY2010 INTEROPERABLE
EMERGENCY COMMUNICATIONS GRANT AND TO ENTER INTO
REIMBURSEMENT AGREEMENTS IN CONJUNCTION WITH THE
GRANT
2. Direct the City Attorney to prepare and authorize the Chief of
Police or the City Manager to enter into reimbursement
agreements for equipment, services, training, or exercises.
AGMT NO. 2011-113 - With cities and counties located in the Southern
Planning Area and contractors/consultants providing services and/or
goods in conjunction with the FY 2010 IECGP.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011-183 - Recognizing the FY
2010 Interoperable Emergency Communications Grant Program in the
amount of $1,972,980 in revenue account and appropriate same in the
FY 2010 Interoperable Emergency Communications Grant Program
expenditure accounts.
CITY COUNCIL MINUTES
14
APRIL 18, 2011
1 0B-14
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez
Pulido, Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
PUBLIC HEARINGS
75A CONTINUED PUBLIC HEARING - COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING FY 2011-2012 - Community
Development Agency
Legal Notice published in the Orange County Register on March 18, 2011.
Public hearing opened and closed at the April 4, 2011 City Council
meeting. Item continued at the April 4, 2011 City Council meeting by a
vote of 7-0.
Council discussion ensued. Councilmember Sarmiento motioned to
increase Public Facility Improvements-4th and French funding from
$56,000 to $200,000 and balance go to Public Facility Improvements-
Cabrillo Park.
Councilmember Martinez amended the motion to have balance of funds
go to the Police Dept.-Helicopter Program. If Police Dept.-Helicopter
Program not approved, then funds will be brought back to the City Council
for reconsideration.
MOTION:
1. Approve the proposed Fiscal Year 2011-2012 Community
Development Block Grant Program as amended (see Council
discussion above).
2. Approve the proposed contingency plan for the Fiscal Year 2011-
2012 Community Development Block Grant Program.
3. Authorize the City Manager to submit the approved program to
the United States Department of Housing and Urban Development
for the City's Fiscal Year 2011-2012 allocation of Community
Development Block Grant funds and execute the grant agreement
with the United States Department of Housing and Urban
Development (HUD).
CITY COUNCIL MINUTES 15 APRIL 18, 2011
1 0B-15
4. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute memorandums of
understanding with city departments and agreements with
nonprofit agencies awarded funds as part of the approved
program.
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez
Pulido, Sarmiento (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Tinajero (1)
75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2011-02
TO ALLOW HEALTH CLUBS IN THE ARTERIAL COMMERCIAL (C5)
ZONING DISTRICT AND VARIANCE NO. 2011-03 TO ALLOW A
REDUCTION IN PARKING FOR GOLD'S GYM - 1945 EAST
SEVENTEENTH STREET, UNIT 103 - FILED BY BANNICK
ARCHITECTS, APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on March
29, 2011 by a 6-0 vote (Gartner absent).
Legal Notice published in the O.C. Reporter and notices mailed on April 8,
2011.
MOTION: Continued to the May 2, 2011 City Council meeting at
staff's request.
MOTION: Sarmiento
VOTE:
CITY COUNCIL MINUTES
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez
Pulido, Sarmiento (6)
None (0)
None (0)
AYES:
NOES:
ABSTAIN
ABSENT: Tinajero (1)
16
1 0B-16
APRIL 18, 2011
WORK STUDY SESSION
WSA PROPOSED BUDGET FOR FISCAL YEAR 2011/12 CAPITAL
IMPROVEMENT PROJECTS - Public Works Agency
Presentation of 2011/12 Capital Improvement Projects presented by Souri
Amirani, Public Works Deputy Civil Engineer
10 Year History
5110
scrNFACEM
5100
NINRASMUCrEffi
9xo
AYM?UAM
NNEIGHBOMI?
S60
940
910
SO
Measure M-1 Accomplishments
• Approved in November, 1990, Measure M has provided $55 million in
Turnback funds and $70 million in Competitive funds to improve
arterial streets in Santa Ana.
• Projects of Note:
- First Street Bridge
- Edinger Smart Street
- 17th/Tustin Intersection Widening
- Bristol Corridor
- Traffic Signal Synchronization along Major Corridors & Downtown
- Match for Federal and State Grants, Street Rehabilitation Projects
& Signal Improvements
FY 2010/11 Accomplishments
Residential Street Repair Program
• Originally a 5-year, $100 million plan to repave 100 miles of asphalt
residential streets.
• Accomplishments to date:
- 32 miles of Slurry Seal
- 85 miles of Thin Overlay
- 47 miles of Cold In-Place Recycling
- 68 miles of Full Depth Reclamation
• When complete, 255 miles of asphalt residential streets will have been
improved for a total of $70 million.
CITY COUNCIL MINUTES 17 APRIL 18, 2011
1 0B-17
F' FY }}" FY FY Fl" FY FY FY FY
02103 03/01 04105 05/06 06/07 07/03 09/09 09/10 10/11 11112
FY 2011/12 CIP
• Neighborhood Improvements
• Arterial Improvements
• Traffic Improvements
• Infrastructure Improvements
• Park Improvements
• TOTAL
Funding Highlights
• CDBG
• Gas Tax
• Measure M Turnback
• Measure M Competitive
• Proposition 1 B
• Federal Transit Administration Grant
• HSIP Grant
• State Parks Funding
• TEA Grant
• TOTAL
FY 2011/12 CIP Revenues
TRANSPOK ADON
GR1NI5,$6,877,130,
22
AIE15URE Al,
$3,2169,250, 13%
GASTA
$2,4921,375,
8%
$2,000,000,6% -qq
NIATER,$2,750,000,
9%
$6,811,830, 22%
$ 2,275,000
$ 6,816,125
$ 8,429,130
$ 4,750,000
$ 8,429,998
$30,700,253
$2.3 million
$2.5 million
$3.9 million
$0.5 million
$0.4 million
$4.4 million
$1.5 million
$5.0 million
$0.8 million
$30,700,253
$2,3L3,16t3?
zi^ro
-AM-k FEB,
$3,550,000,12%
CITY COUNCIL MINUTES 18 APRIL 18, 2011
1 0B-18
7-Year C I P
S35
S30
S2 J
'f.
O S20
r-i
r?
S];
S10
Si
SO
¦PARKIMPROvDIENTS 00TYEACIITFIES
INFRASTRU(TIIREIIIPROVL?IFNTS mTRAFFICIMPRIIVENIENTS
¦ ARTERIAL IM PROVENI INTS ¦NEIGHBORHOODIMPROVEMENTS
FY 11112 FY 12/13 FY 13/14 FY'11/15 FY 15/16 FY 16/17 FY 17/18
Map of Project Locations
Residential Street Repairs $ 725,000
Total Neighborhood Improvements $2,275,000
Grand Avenue Widening $3,550,000
Total Arterial Widening $3,750,000
Street Reconstruction/Resurfacing
Lyon Street Chestnut to First $ 713,000
McFadden Avenue: Euclid to Newhope $ 698,180
McFadden: Harbor to Fairview $ 680,505
Hazard Ave: Euclid to Harbor $ 774,440
Total Street Reconstruction/Resurfacing $3,066,125
Traffic Improvements
Circulation Element Update
• Update Essential Criteria for:
- Locally preferred alignment for Fixed Guideway
- Bikeway Master Plan
- Pedestrian Master Plan
- Complete Streets Policy
- Master Plan of Arterial Highways
Total $500,000
Bike Lane Project Development $ 45,000
Corridor Traffic Signal Synchronization $250,000
• Euclid Ave Corridor
• Fairview St Corridor
• MacArthur Blvd/Talbert Ave
CITY COUNCIL MINUTES 19
1 0B-19
APRIL 18, 2011
• Tustin Ave/Rose Dr Corridor
• Warner Avenue
Traffic Signal $914,800
• Fairview Street at Edna Drive
• McFadden Avenue and Euclid Street
• McFadden Avenue and Lyon Street
• Raitt Street and Adams Street
Fixed Guideway $5,264,530
Total Traffic Improvements $8,429,130
Infrastructure Improvements
Sewer Main Relining/Rehabilitation $2,000,000
Walnut Pump Station $2,500,000
Total Water Improvements $2,750,000
Park Facility Improvements
Flower Street Bike Trail Phase 2 $1,387,000
Maple-Occidental Bike Trail $ 381,000
Jerome Park Improvements $ 713,518
Centennial Park Improvements $ 583,150
Cabrillo Tennis Center Clay Court $ 510,000*
Fourth & French Plaza $ 56,000*
*CDBG funding changed final amounts
Willard Intermediate Park $4,400,000
Total Park Facility Improvements $8,429,998
Total FY 2011/12 CI P
• Neighborhood Improvements $2,275,000
• Arterial Improvements $6,816,125
• Traffic Improvements $8,429,130
• Infrastructure Improvements $4,750,000
• Park Improvements $8,429,998
Total FY 2011/12 CIP $ 30,700,253
Total 7-Year CIP $ 120,576,976
*Councilmember Bustamante left the meeting at 7:45 p.m.
COMMENTS
90A CITY MANAGER'S COMMENTS - Noted that some of CIP Funding is
made possible through great partnership with Orange County
Transportation Authority (OCTA). Also clarified responsibilities of contract
City Manager position, which is same as appointed official.
CITY COUNCIL MINUTES 20 APRIL 18, 2011
1OB-20
90B CITY COUNCILMEMBER COMMENTS
Councilmember Benavides:
• Thanked outgoing City Manager David Ream for his service to the
community; and
• Asked the Police Chief or Public Safety Committee to review policies
adopted by other cities regarding vehicle impounds.
Councilmember Martinez:
• Agreed that the vehicle impound policy should be reviewed, will be
agendized on the Public Safety Committee agenda;
• Informed all that PBID still being reviewed; some members of the City
Council continue to meet with business owners and staff;
• Thanked all involved in success of Earth Day and Bike Ride event held
on Saturday, April 16th;
• Commented on importance of Agenda Item 80A approved at this
evening's meeting; resolution of item will allow City to move forward
with project and have groundbreaking either in the Fall or early Spring;
and
• Invited staff and all to participate in Bike-to-Work week in May.
Councilmember Sarmiento:
• Congratulated Councilmember Martinez on her efforts and success of
Earth Day;
• Participated as Principal for a Day at Edison Elementary School
"Eagles"; schools make good use of few resources;
• Thanked City Manager for explanation on role as contract official;
updated all on recruitment process for City Attorney position; and
• Commented on recent email sent out by Chairman of the Republican
Central Orange County Committee depicting bigotry; offended by such
e-mail.
Mayor Pro Tem Alvarez:
• Commented on Downtown Santa Ana, business types and success
should be driven by economy;
• Provided water update; met some Mayors of Central Valley California
in Washington DC as representative of the Orange County Water
District, water shortage continues to be a problem and urged all to
continue to conserve;
• Mayor Pulido scored winning basketball at event over the weekend;
thanked Councilmember Martinez for efforts in making it a successful
event; and
• Congratulated Washington Square Neighborhood that held a Clean-Up
event over the weekend.
CITY COUNCIL MINUTES 21
APRIL 18, 2011
1OB-21
Mayor Pulido:
• Had fun at basketball game over the weekend;
• Thanked Floral Park on another successful Home and Garden Tour;
• City plans to protest Census 2010 results; convinced of undercount;
• Invited all to Cinco de Mayo festivities planned for April 30th through
May 1St; include performances and "State of my Heart" art exhibit; and
• Attended services for Reverend John Nix-McReynolds and requested
Certificate of Tribute be presented at next City Council Meeting.
ADJOURNED - 8:28 P.M. - The next meeting of the City Council is scheduled for
Monday, May 2, 2011 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Open Business Meeting in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Adjourn in Memory of
John Maloney,
Beverly Shuck, and
Reverend John Nix-McReynolds
CITY COUNCIL MINUTES 22 APRIL 18, 2011
1OB-22
(ROH 05/02/11)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA
ANA MUNICIPAL CODE REGARDING THE CARE,
TREATMENT, AND ASSESSMENT OF DOGS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Request for Council Action for this ordinance dated April 18, 2011,
shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
B. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418
of the City Charter. Any such restatement of existing provisions of the
Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Section 2. Section 5-59 of Chapter 5 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 5-59. Noisy animals.
It is hereby declared to be a nuisance for any person to keep, maintain or permit on
any lot, parcel of land, or premises under his/her control any animal, including a barking
dog as defined in section 5-1(q), within the city limits which is in the habit of either
disturbing the peace and quiet of any person within the city or interfering with any person
in the reasonable and comfortable enjoyment of life or property. Every day a violation
exists shall be regarded as a new and separate offense.
Section 3. Section 5-59.1 of Chapter 5 of the Santa Ana Municipal Code is
added to read as follows:
Sec. 5-59.1. Enforcement-Noisy Animals.
Ordinance No. NS-XXX
Page 1 of 12
11 A-1
(a) Any enforcement officer has the authority to issue an administrative citation
pursuant to the procedures set forth in sections 1-21.1--1-21.9 of this Code to any
responsible person for a noisy animal, including a barking dog, violation that the
enforcement officer did not see or hear based upon a complaint signed under penalty of
perjury lodged by a member of the community who has been disturbed by the noisy
animal or barking dog. All noisy animal or barking dog complaints shall be lodged with the
Santa Ana Police Department.
(b) Prior to issuing the administrative citation to the responsible person the
enforcement officer shall send a warning notice via first class mail or shall personally serve
upon the responsible person a warning notice giving the responsible person ten (10) days
from the date of mailing or date of personal service in which to abate the public nuisance
caused by the noisy animal or barking dog.
(c) The administrative citation shall contain the information set forth in section 1-
21.5 of this Code.
(d) The responsible person shall have the right to appeal the administrative
citation as set forth in section 1-21.8 of this Code.
(e) The procedures established in this section may be in addition to criminal civil
or any other legal remedy established by law which may be pursued to address violations
of the municipal code.
Section 4. Section 5-62 of Chapter 5 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 5-62. Commercial kennel requirements.
(a) No person shall establish, operate, maintain or have a commercial kennel
within the city without an inspection permit.
(b) No commercial kennels shall be allowed in any area zoned residential
pursuant to chapter 41 of this code.
(c) Residential structures of one (1) story in height shall maintain a setback of
one hundred (100) feet from any preexisting outside kennel runs of a preexisting kennel,
and commercial kennels shall also maintain a setback of one hundred (100) feet from any
preexisting residential structure.
(d) Residential structures of two (2) stories or more in height shall maintain a
setback of two hundred (200) feet from any preexisting commercial kennel, and
commercial kennels shall also maintain a setback of two hundred (200) feet from any
Ordinance No. NS-XXX
Page 2 of 12
11 A-2
preexisting structure of two (2) or more stories. These provisions will not apply to anyone
who erects a residential structure of two (2) stories or more in height or to anyone who
erects a commercial kennel if, in erecting the structure or kennel, that person:
(1) Provides a barrier that will impair the vision between the kennels and the
residential structure to at least the same extent as if a two-hundred-foot
setback were used, and provides sufficient sound-retardant materials to
produce no more than the same decibel level than if a two-hundred-foot
setback was maintained. The decibel level shall be measured both at the
kennel and at the residential structure; or
(2) In the alternative, provides visual and sound standards that, in the opinion of
the director of planning and development services, are equal to or greater
than those required by the provisions of (1) above.
(e) The residence of a commercial kennel operator or owner shall not be
deemed a residential structure as applied in the language of this section.
(f) The development and occupation of buildings for human habitation within
the distances prescribed above by others than the kennel owner or operator or grantees,
directly or indirectly, from or through the kennel owner or operator following the proper
establishment of kennels, shall not render the maintenance of such preexisting kennels
unlawful by reason of the diminished separation of the kennel use and the use of buildings
for human habitation.
(g) Enforcement. The director of planning and development services shall not
approve for issuance any building permit until he has assured himself that the provisions of
this section have been met.
Section 5. Section 5-72 of Chapter 5 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 5-72. Declaration and possession of vicious or potentially dangerous dog.
(a) General Provisions.
(1) If the Animal Services Officer or Police Officer has cause to believe that a
dog is a "vicious dog or potentially dangerous dog" within the meaning of
section 5-72.1, he or she may tentatively find and declare such dog a
"vicious dog or potentially dangerous dog."
(2) Upon tentatively finding and declaring that a dog is a "vicious dog or
potentially dangerous dog," the Animal Services Officer or Police Officer
Ordinance No. NS-XXX
Page 3 of 12
11 A-3
shall notify the owner and/or custodian in writing of his or her tentative
finding and declaration.
(3) The notice shall inform the owner and/or custodian of such dog that he or
she may request a hearing in writing in accordance with Chapter 3 of this
Code within ten (10) days of receipt of such notice to contest the tentative
finding and declaration.
(4) Failure of the owner and/or custodian to request a hearing pursuant to
subsection (a)(3) of this section or failure to comply with the conditions and
restrictions of the declaration shall result in the declaration becoming final
and may result in the destruction of the dog.
(5) The possession or maintenance of a "vicious dog or potentially dangerous
dog," or the allowing of any such dog to be in contravention of this division,
is hereby declared to be a public nuisance. The Santa Ana Police
Department is hereby authorized and empowered to impound and/or abate
any "vicious dog or potentially dangerous dog" independently of any criminal
prosecution or the results thereof by any means reasonably necessary to
ensure the health, safety and welfare of the public, including, but not limited
to, the destruction of the dog or by the imposition upon the owner and/or
custodian of specific reasonable restrictions and conditions for the
maintenance of the dog. The restrictions and conditions may include but are
not limited to:
a. Obtaining and maintaining liability insurance in the amount of one
hundred thousand dollars ($100,000.00) against bodily injury or death
or damage to property and furnishing a certificate or proof of
insurance by which the Santa Ana Police Department shall be
notified at least ten (10) days prior to cancellation or nonrenewal or,
at the owner's or custodian's option, the filing with the Santa Ana
Police Department of proof of a bond in the amount of one hundred
thousand dollars (100,000.00), to be able to respond in damages.
b. Requirements as to size, construction and design of the dog's
enclosure.
C. Location of the dog's residence.
d. Requirements as to type and method of restraints and/or muzzling of
the dog.
e. Photo identification or permanent marking of the dog for purposes of
identification, such as a tattoo or microchip, may be required.
Ordinance No. NS-XXX
Page 4 of 12
11 A-4
f. Requirements as to the posting of a warning notice or notices
conspicuous to the public warning persons of the presence of a
vicious dog.
g. Payment of a fee or fees as established by resolution of the City
Council to recover the costs of enforcing the provisions of this Code
as applied to the regulation of vicious dogs.
(b) Notification of Right to Hearing. At least five (5) working days prior to
impoundment and/or abatement, the owner or custodian shall be notified in writing of his or
her right to request a hearing in writing to determine whether grounds exist for such
impoundment and/or abatement. If a hearing is requested, the impoundment and/or
abatement hearing may be held in conjunction with the hearing provided for in subsection
(a) of this section. If the owner or custodian requests a hearing prior to impoundment
and/or abatement, no impoundment and/or abatement shall take place pending decision
following a hearing, except as provided in subsection (c) of this section. Pending such
impoundment and/or abatement hearing and decision, the Santa Ana Police Department
may order the owner or custodian to keep the dog within a substantial enclosure as
deemed necessary under the circumstances. The Santa Ana Police Department may also
order the owner or custodian to post and keep posted upon the premises where such dog
is kept under restraint, a warning notice pending such impoundment and/or abatement
hearing and decision by the Superior Court. The form, content and display of such notice
shall be specified by the Santa Ana Police Department. Any hearing under this subsection
shall be conducted in accordance with Chapter 3 of this Code.
(c) Immediate Impoundment. When, in the opinion of the Animal Services
Officer or Police Officer, immediate impoundment is necessary for the preservation of
animal or public health, safety or welfare, or if the dog has been impounded under other
provisions of this Code or State law, the preimpoundment hearing shall not be required;
however, the owner or custodian shall be given written notice allowing ten (10) days from
receipt of such notice to request in writing an abatement hearing. If requested, a hearing
shall be held within ten (10) working days of receipt of the request, and the dog shall not
be disposed of prior to the decision following such hearing. A hearing under this
subsection shall be conducted in accordance with Chapter 3 of this Code, except as
otherwise indicated. If, after ten (10) days following receipt of such notice, no written
request for a hearing is received from the owner or custodian, the dog in question shall be
disposed of under applicable provisions of law.
(d) Initial Hearing and Appeal.
(1) Initial Hearing. Any hearing requested or conducted pursuant to this
section shall be requested and conducted in accordance with
Chapter 3 of this Code, unless otherwise stated herein.
Ordinance No. NS-XXX
Page 5of12
11 A-5
(2) Appeal. After any hearing conducted pursuant to subsection (1), any
party to the hearing may, within ten (10) days of the receipt of the
notice of determination, appeal the decision of the hearing entity of
original jurisdiction to the Orange County Superior Court. Any such
appeal shall be requested and conducted in accordance with
California Food and Agriculture Code sections 31601, et seq.
(3) The Santa Ana Police Department shall have the discretion, in any
event, to directly petition the Superior Court to seek a determination
whether or not the dog in question should be declared potentially
dangerous or vicious. The Santa Ana Police Department shall follow
the procedures set forth in California Food and Agriculture Code
sections 31601, et seq. for this purpose.
(e) Change of Circumstances. In the event of changed circumstances, the
Santa Ana Police Department may amend or rescind any abatement and/or impoundment
imposed pursuant to subsection (a)(5) of this section. Any such revision to the abatement
and/or impoundment due to changed circumstances shall be subject to the same notice,
hearing and other procedural requirements as required for imposing an initial abatement
and/or impoundment set forth in subsections (b) and (c) of this section.
(f) Change of Ownership, Custody and/or Residence. Owners of a vicious dog
or potentially dangerous dog who sell or otherwise transfer the ownership, custody or
residence of the dog shall at least ten (10) days prior to the sale or transfer, inform the
Santa Ana Police Department in writing of the name, address and telephone number of
the new owner, custodian and/or residence and the name and description of the dog. The
owner shall, in addition, notify the new owner or custodian in writing of the details of the
dog's record, terms and conditions of maintenance and provide the Santa Ana Police
Department with a copy thereof containing an acknowledgment by the new owner or
custodian of his or her receipt of the original. The Santa Ana Police Department shall notify
the new owner or custodian in writing of any different or additional restrictions or conditions
imposed pursuant to subsection (a)(5) of this section as a result of the change of
ownership, custody or residence. The imposition of any such different or additional
restrictions or conditions shall be subject to the same notice, hearing and other procedural
requirements as required for imposing an initial abatement and/or impoundment set forth
in subsections (b) and (c) of this section.
(g) Possession Unlawful. It is unlawful to have custody of, own or possess a
vicious dog or potentially dangerous dog within the meaning of section 5-72.1 unless it is
restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.
(h) Declared Vicious Dog or Potentially Dangerous Dog. It shall be unlawful for
the owner and/or custodian of a dog declared vicious or potentially dangerous pursuant to
Ordinance No. NS-XXX
Page 6 of 12
11 A-6
subsection (a) to fail to comply with any requirements or conditions imposed pursuant to
subsection (a)(5) of this section. If a vicious or potentially dangerous dog escapes, the
owner and/or custodian shall immediately notify the Santa Ana Police Department. The
dog shall be seized by the Santa Ana Police Department pending an investigation and
may be destroyed.
Section 6. Section 5-72.1 of Chapter 5 of the Santa Ana Municipal Code is
added to read as follows:
Sec. 5-72.1. Definitions.
(a) Potentially dangerous dog means any of the following:
(1) Any dog which, when unprovoked, after two (2) separate documented bites
within the prior thirty-six-month period, engages in any behavior that requires
a defensive action by any person to prevent bodily injury whether the person
and the dog are on or off the property of the owner or custodian of the dog.
(2) Any dog which, when unprovoked, bites a person causing any injury less
severe than a "severe injury." Severe injury means any physical injury to a
human being that results in muscle tears or disfiguring lacerations or
requires multiple sutures or corrective or cosmetic surgery.
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury,
or otherwise caused injury attacking a domestic animal, horse, or livestock.
(b) Vicious dog means any of the following:
(1) Any dog seized as a "fighting animal" under section 599aa of the Penal
Code and upon the sustaining of a conviction of the owner or custodian of a
fighting animal as set forth in subdivision (a) of Section 597.5 of the Penal
Code.
(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe
injury on or kills a human being, whether the person and the dog are on or
off the property of the owner or custodian of the dog.
(3) Any dog previously determined to be and currently listed as a potentially
dangerous dog, which, after its owner or keeper has been notified of this
determination, continues the behavior of a "potentially dangerous dog" as
set forth above, or is maintained in violation of the conditions and restrictions
placed upon the dog as a "potentially dangerous dog."
Ordinance No. NS-XXX
Page 7 of 12
11 A-7
(c) Provided, no dog may be determined to be a vicious dog if any such bite,
threat, injury or damage was sustained by a person who, at the time, was committing a
willful trespass upon the premises occupied by the owner or custodian of the dog, or was
committing or attempting to commit a crime upon the premises occupied by the owner or
custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who
has, in the past, teased, tormented, abused or assaulted the dog.
(d) These definitions do not apply to dogs used in military or police work while
they are actually performing in that capacity.
Section 7: That section 5-74 of the Santa Ana Municipal Code is hereby deleted
in its entirety:
Sec. 5-74. Reserved.
Section 8: That section 5-75 of the Santa Ana Municipal Code is hereby deleted
in its entirety:
Sec. 5-75. Reserved.
Section 9. Section 5-76 of Chapter 5 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 5-76. Care and maintenance of dogs.
(a) Shelter requirements. It shall be unlawful for any person to keep, house, or
maintain any dog outdoors on any premises within the City of Santa Ana unless the dog
has access at all times to an enclosed building or a shelter which meets all of the following
requirements:
(1) It is weatherproof meaning that it keeps the dog dry when it rains and
provides sufficient protection from the sun so that the dog will not overheat;
(2) It has a floor that is level and dry;
(3) It is composed of material that will not result in injury to the dog;
(4) It is maintained in a condition that will not result in injury to the dog;
(5) It contains bedding material which is kept clean and dry;
(6) It allows the dog easy access in and out;
Ordinance No. NS-XXX
Page 8 of 12
11 A-8
(7) It is cleaned and maintained in a manner designed to insure sanitary
conditions, including but not limited to, removal of excrement, removal of
urine, and treatment of area for flies, fleas, ticks, and parasites as
necessary.
(b) Water requirements. It shall be unlawful for any person to keep, house, or
maintain any dog on any premises within the City of Santa Ana unless the dog has access
at all times to clean and fresh drinking water.
(1) If the water is in a container, this container shall be designed, secured,
placed and maintained in a manner that prevents tipping and spilling of the
water;
(2) Water containers shall be kept clean and sanitary, out of the sun, and shall
be emptied and refilled regularly with fresh water.
(c) Feeding requirements. It shall be unlawful for any person to keep, house, or
maintain any dog on any premises within the City of Santa Ana without providing food
daily to maintain proper body weight and good general health. The food shall be:
(1) Free from contamination;
(2) Wholesome, palatable, and of sufficient quality, quantity, and nutritive value
to meet the normal daily requirements for the age, size, and breed of the
dog;
(3) Easily accessible to the dog;
(4) Maintained in a sanitary condition.
(d) Tethering requirements. It shall be unlawful for any person to tether, fasten,
chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to a house,
tree, garage, stake, fence, or other object except in circumstances where all of the
following requirements are met:
(1) The tethering, fastening, chaining, tying, and restraining is not accomplished
by means of using a choke type of collar;
(2) The tethering, fastening, chaining, tying or restraining shall not exceed three
(3) hours in any twenty-four (24) hour period;
(3) The length of the tether or implement used to restrain the dog is not less
than three (3) times the length of the dog's body measured from the tip of
the dog's nose to the end of the dog's tail;
Ordinance No. NS-XXX
Page 9 of 12
11 A-9
(4) The tether or implement used to restrain the dog is free from entanglement;
(5) The dog has access to water, food, and shelter as described in this section;
(6) The dog is monitored periodically.
(e) Leaving in unattended vehicle. It shall be unlawful for any person to leave
any animal in any standing or parked vehicle in such a way to endanger the animal's
health, safety or welfare. An animal control officer or police officer is authorized to use
reasonable force to remove the animal from the vehicle whenever it appears that the
animal's health, safety or welfare is or will be endangered if the owner of the vehicle
cannot be located after reasonable attempts. The animal shall be taken to the shelter or to
a veterinarian if the animal is in distress. A written notice bearing the name of the officer
removing the animal, a telephone number where the officer can be contracted, and the
location where the animal may be claimed by the owner shall be attached to the vehicle.
Any person violating this section shall bear the full cost and expense incurred by the city in
the care, medical treatment, impoundment cost and/or disposal of said animal, including
removal from and/or damage done to the vehicle.
(f) Exceptions. These provisions of this section shall not apply to the following:
(1) Government agencies;
(2) Non-profit animal rescue organizations exempt from taxation under Internal
Revenue Code Section 501(c)(3);
(3) Humane societies or societies for the prevention of cruelty to animals if
incorporated under the provisions of the California Corporations Code
Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of
the California Corporations Code, beginning at Section 5110; or
(4) Permitted dog or cat shows.
Section 10. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Ordinance No. NS-XXX
Page 10 of 12
11A-10
ADOPTED this day of , 2011
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge, Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 11 of 12
11A-11
11A-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
'CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1 s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from various City departments in
accordance with the retention schedule outlined in City Council Resolution 2006-045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for
the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth the retention period for
a particular record. The Municipal Code requires that the destruction of a City record be approved
by the City Attorney.
In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City
Attorney has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
19C-2
?t11 APR 27f 7: 33
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Executive Assistant to the City Manager
Date: May 1, 2011
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006-045.
Thank you.
19C-3
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2011
RECORD RECORD RECORD EXPIRATION
CATEGORY SERIES DESCRIPTION DATES
Chronological Files Staff Memoranda and Correspondence May 1. 2009
and prior
Correspondence/ May 1. 2009
Chronological Files
Councilmember
Self-explanatory and prior
Council Requests Mayor Inquiries processed for Mayor May 1, 2009
and prior
Wards 1 through 6 Inquiries processed for Councilmembers May 1, 2009
and prior
Correspondence General Correspondence Self-explanatory May 1. 2009
and prior
Staff Inquiries processed for Staff May 1, 2009
and prior
Monthly Status City Manager Self-explanatory May 1. 2009
Reports and prior
Payroll Records Council/Staff Self-explanatory May 1, 2009
and prior
May 1, 2009
Travel Folders Council/Staff Self-explanatory and prior
APPROVE:
David eam Date
City M nager
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
CONSENT:
v'b /V
Joseph Straka ate
Interim City Attor
AUDITED BY:
Mark Lawrence Date
Assistant to the City Manager
19C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
QUARTERLY REPORT OF INVESTMENTS AS OF
MARCH 31, 2011
),,I 'CI MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Vt Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
In 1995, the State of California enacted legislation revising the reporting requirements relative to
investment of funds by governmental agencies. These requirements, which became effective on
January 1, 1996, mandate that a statement outlining the ability of both the City and the
Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be
submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report
contain the seven major elements listed below:
• Type of investments,
• Date of maturity,
• Par and dollar amounts invested in each security,
• Weighted average maturity of the investments,
• Market value as of the date of the report,
• Source of the market value information, and
• Any funds, investments or programs, including loans,
under the management of contracted parties.
State statutes require that a quarterly report be presented at a Council meeting; however, our
office continues to provide this information monthly. The information is in compliance with State
law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled
investments held on behalf of the City and Redevelopment Agency as of March 31, 2011.
19D-1
Quarterly Report of Investments
May 2, 2011
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19D-2
CITY OF SANTA ANA
TREASURER'S REPORT
as of March 31, 2011
EXHIBIT 1
19D-3
19D-4
E
Q ( E
o
E N
?
N 2 0 Cl)
M
Q O •Q L
C
v o n.
a
U O 0 co IT O
? N M? N l p
r O O O - O r
.0.. ' I o r 00 ti
N
N w N r
E h ? (O N N
O N _
CY) M t0
H ?
e
Z
2 f- co O N V O
. N f? N In p
e O co M r? O? O
00 r
Y Q O O) Cl) O M
o:3 o P,: r o °
0 jp O 0 O N V T
m> O ul (0 cco N O
O _ r
O m N 0
V O --;? m
'T I?
t0
V
O O CD O?
m ? ? co I ?
M
a
Y ?
N N
1
N
C
N
N
C
00 m CC) c
l °O
O O N N_ O
? ? V N O
N M M r M
O C O N N
m c (O
O W O O
00 c0 v O 0
O ? ? O 8
O m .1 a0 O
O m N M O
O sf O M 0
V m O C O
N N
N ?
N 00
c U V U
li Q ? (n
N U C 7
E N O
O
N V o n
O _
N U 0
o
0 d C c
0 c w Q Q
01
Q E m
d d
U JO U li U
N
01
01
1n
M
W
O
M
M
N
rn
0
tD
i0
l0
a
a
M
C
N
;
C
c
y O
c
o L m
7 N -° O) N
Q O
L
O N C
9 (D
w
0 N E
a N
tl) O 2
N a) .
C Co
N
N c n
r T 6
p
+
d C 1-
E N
w EU
0
U
a
i U u1
a? w
L
N
O .
.. L
01
? ? 7
N O
w
U Q
N
ca C
C f6
Ca
w
(A o
U_ p 2
f6
O
.-
00)
(D -9
co r
a CD L..2
E n
m co
C Y
N >
N
C
M
CO C N
?
?' Q >
N
M C
Yp ._ ?
N O N
cq r O O O
? ° _T Q N
W N U c
W 1 L O C
co
r
h
}
G -O U
L N L
n lQ Cl)
3 N 0
m M N N co N
Cl) LL c O
m O
t0
a U
O. N
T
M
i V f6
OI
t c ?
N o
'c
a
c
N
c
L O
c w tQ 00 X
_ o °
Omj
O O rI
C I M
M ° ° 'O T N
o
u j: 01
p c U
fO c
N
w N t
n 1 c
0
C N O OO Q N
M ?I N
M co
C
U) N 0
r c E
M C L.4
O
L O a1 N
E
N
O w O
Q
.S T d
i V .C c
?
N 7
N
E
N
o N C
N
y U oa }
E c w o xZ
v N U O N O
?p
U
> N
N N N f0
Ola C
R
m
0 o c
v'' C C1 , d c0 U
O.?
L?
L) 4) 10
t C
C
N 'ji
O N U N w
r w N
m o } m o o EU
O C
o= U W 15 C O O
L L
w_ N (.1 m Y
U
1) _
OH U3
Q
>
W
? _
L NL N
H? m m
06
U
c
m
LL
Q LL °
(n U N M
O n n
O a r
LL o
0 a_
d E
CL
r
r
O
N
r
M
Q
O
N
O
Cl)
O
Q m
C_
0
CL 0
d c
19D-6
r
d
Q1
(0
a
w
E
E
0
C C ?
co .y M
O
?+ O p ?
O ?
Ua
0
a
0
N ?
O?
U (a
0
} M
U 0
M
d ?
to
0)
7
Y
O
O
m
0 0
N N
N O
0 C)
O O
o ? c
O O to
04 04
V V I V
O o O
N N N
V V I V
O O O
O O
cli V V
O O
O O O
O O O
O O 00 1
O O O
00 00 00
M .-- It
- N N N r .? V N N N M N N N Cl)
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N
oU-) l!) n V co C') 0 Ih In O M 0) ch In N
O O
00 O O O O O 0 0 0 M C2
0 C)
M O V m M M O ? m r.- r.- M N V V
L2 r V (D (D O) O) Ln OD
V
M N N N O) M
O O O Lo N O r N (D N v N O O O
O M M N O N o 0 N (D O M i0 O M r
V N O) If) 7 fM 0 M (O O .-- r- V O
N V M w O (O M m m N O O O 0 O N
00 M O M h O M r O M O M V
M N O (n M O) M O O O O V O
O O O O O Lo Lo o O O O o u) N O O O
M lf) M V N N N O _O r` o o
n .- N h o M O O V O
V M -- N N V N - M- - - N
O O O O O O O O 0 0 0 O O O O O O
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
r--o o o o o o o o o o O o 0 o o o
o o O w o O w c) r` N r` N o o O o o
GO c l! r O O (O o O) M N -C O O O
N ? O M O O N O O M V (D w o O o o
N O O O r O w a N o N m o o o o o
r` O O O V C O) o O O N V N O N N O
M M N N M M N M-- --- -- N
r
U? U I
O O O 1I
Cl) Cl) M
0) 0) 0
O O I O '
O O
O ?
O O
rn O w
r O n
c") c') (c
04 M w
00 O)
in rn a
r N O
V V m
0 0
N N
O
O O
NV O I CO
M V I M
O O O
? m v
V I M
O O O
O
V
O
r O r
O LLo 0 li
(D O co
r v
rn o 0
CO O
0) 0 0 O O) O O) O O O I
0 0 O (? O O O O
O
0
LO
O 0 U) W)
0
)
(D V N 0
M
O O N7
V O N
d O
O N
O co
00 O) O) V M
O Lc)
V
O
C
M V N 0 r 00 O
V I
3 O O O ? O n O 0 (D
j O O O i C') co O
O
` O O O N M
M h O
(
a
CL o 0
0
0 O 00 of O IT
0
C v
C
0
0_ C U) C v 0
M V 0 N 00 O
V V 11
N
Lp
a'
0 V
A C
412
7 (0
Q m
I
d
7
N
O C)
N N O O
N N
(` t\ O M
0 0 0 00
O (D M O)
O
O W
V N
? O)
V
O N O M
O w A N
O N (O
c
N
d
C
CL
7
U
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O O O 0 0 (O O N O O 00
m M N O N M a M LL N N V O^ M
M M O N n N M N M o ? w r- O O
N O O 0 0 C) 0 0 00 O O O
n o q O N C C O O (D O N O LO M O
M M N N M V N M .- ---- -- N
00000000000000000
00000000000000000
O o 0 0 0 O O O O O o 0 0 0 0 0 0
00 o 00 0 00 O 00 O 00 o 00
C O O O O O O O O C O o 0 0 0 o 0
o o o o o o o 0 o 0 o 0 o o o o o
oo o or- o0o o oo o oo O oo
n O O o V o O O O o (n L L O Ln (D O
M M N N M V N M -- -- .- e- - N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O 0 0 00 0 00
O O O O O O O O O O O O O O O O O
N N N N _N N N N N N N N N N N N N
GO (O ?V O O uB m m t-- O m Lo 0
O O M M N N N N M
o?9US oo-8 000?o000
a C C O O)
O
C C U C c c c c c c c c c c c c c c c c
c C C C c c C C c c C c c
uj m 10 co 0 o m m m m m m m m
E E w m m m m m co m co co m co m co co m m
N N Q N c c c c C C C C c c c C c
> > Z m O O O O O O O O O O O O O O
y C C N c? U W d U U U U J J J J J J J J J J _I J J
('i u R Z m m E E E E mE E E E E E E E E E E E E E E E E
E E E E E E E E
Y Y c c E Q
o 4) > LL Li Li LL Q 2 2 22 m mm m 2m m mm
m m > °r Z Q
m m a o Of Q Q m Lo m m m m m m m m m m m m
0 a m m
o c Q V p c? v c c c `m a? d d ar a? d `m d d `m
a s v o o a v a o o v v a
R J J (0 CO d N R LL LL LL. LL LL LL LL LL U. LL LL LL LL LL U. LL LL
OI O O O N
a' a a a y
m' in 0 in m' C
c U 3
U. Q (D
N O U U 'T LO 1 (n (D M V V •- U? N LO r- r` r-- w w m V
N_ N LL LL I d) N N 0 (D O V ? V N 0 w N N r`
N N "' N Q V N N C N W T O N a0 a0 (O (O 00 00 W O) O) T I'-
O O
J N e- y Q
CL 0) CD 0
D C O. U
l6 0) V
c a Q
y C (D G)
w } N cc) d •0)
L) O R 0) M i0 O M V V N
rn p L Q Z') o Y? V vQ rno C7 0) n(L
E F- N x> za u3i?° ?uai Xx~
r` r A U U N y X X X X X X X X X X X X
d O 04 V LL LL_ O N M M M M M M M M co M M M M M M M M
Q M co Cl) Cl) M M M Cl) M M M co M co
M M M
U W 0 J Q U 6-7 LL M M M M M M M M Co M M M co co M M M
Q d o
U) U N
O
U N
_O a
0 LL
0 a
CL a
0
N
s
0
p
r?
n
C
N Z d ' M N
M N
M V
M
M V N
M m y u) l0 N v
V !? M v l0 l?
M m V
M m O M
m m:? O M M
d
m
7 D _
_
_ _
_
_
_
_
_
_
o 00 0 00 0 00 0 00 0 00 0 00 C. 00 0 0 0 0 00
N N _
_
0 00 0 00 0 00 Q 0 o
N
U
?
m N N N N N N N N N N N N N N N N N N N N N N N N N
m \N O O m o w O 1-- w In m 01 00 O O O 10 m In n 0 r.- O0 N N N N N N N N N
LO 10 0 O 0 r O 010 O
r
IL
O N N N O .-- N\ O O ?'- '- N M z- z r O O (\7 \ ?V
O ?
M
+
'
'- 0 0 N O 7- N
U 2
(
_
N N N aD N (
1 07 (
7 i0 (p h N O O)
O oo C) o 00000 0000 0 0o N (h N M O 47 co
O C) O
a.
a a00 ,
° LL
co m m (n0 r o r- w m0 o w0 mm mm o m0
" V v O
O
LO M CO 0
r O m O aD m
D o m(n co v0 m 0(n
- a
T ^
0
O
N
M
r' r N N N A r
(O o0 V M I?
C?1
CO 0
m
0 2 d D.
V CD
O m m O O O M O O (0 (0 O M O M O (O O l0 O O N W c (O m M O M 00 O 00
M m O O N O O O l0 0 r t0 m 0 O LO O (0 10 O O N 00 h m O W 0 O O O
N N
r O '- N O m U0 N m a0 m (0 m O U0 M O N m O m O N f`. Cl? (q
: f` r O m m 0 0 0
-
_ N - O M -- e- M - N- O N- - N N N N N N N '- .-
IT (O O) O) m CO
M 00 OD 00 r- m O) O (D r- M m (o CO v O O 1f7 a0 (0 N N M N O
M _
n O) r` O) r, V7 M r- N r` r OD O) M c0 co O) h O r`
n m C) V' (0 Lo N (0 r? (0 m O V' m M N co m CO m N M m N O (0 r` n m O r
? m O m OD m m m ?-
O N '- N N O M ?- O M N o O- - N- N N N N- - - 0
O 0 O O o 0 0 00 0 0 0 0 00 0 0 0 0 00 0 0 0 0 00 0 00 0 00 0 00
m CO t` O N O O (0 (0 O O O N (0 O O m O M O O O O O (O (0 (0 O
M B (O O (O r- N O M O O r` O N 'Q O N N O m O N r` O O o N O O O N (0 N
N (0 N m O O N .--
N .- N c- ?-- O O e- e- 0 ?-- e- N N '- N N
(A
d O O O O O O O O O O O O m O O C. O O O O O 0 0 0 O O O O O O O O O O N O
7 O O O O O O O O O (0 O O r O O O O O O O O O O O O O O O O O N O O O (O O
O O O O O O O O O N O O m O O 0 0 0 0 0 0 O O O O O O O O O M O O O N O
O m O O O O 0 0 V7 O O O O O O O O O O O O O O O O O O O m O (0 O O
Y n 00 O O O O m O O N (0 O N O O v O O C O O O O (0 (0 O O U0 O Cl m q n O V C
O 10 V 0 0 0 0 V O O LO O V O O V O O O O O O O N OD O O
(D O O 00 0 0
m O m O U) (O O M V O CO O O) O
O
m m
0 0 0 00 O O m m 00
O
O O O uQ O O O O m v 0 O) O C O O O O O C C O m m (0 O m 00 m O m O v O
M C O O m q n N
M N M M- M - M M -- .- N N N (O - C NJ M M- N - .- N M N N M- CO N r-
d 0 O (D O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O O O M O
O O O O 99 O 99 O 99 O O (0 O 99 O 99 O 99 O 99 O 99 N 99 O (0 O
ja O 66 0 0 0 0 0 0 0 00 o 0 7 0 o m o 00 0 00 0 0 co O 00 m 00 0 r 0
> N O M N m W O O M N M M r- W M r M W N m O V co r V W 00 M m N m
N M M O M M m m y O m M N r-r M M L0 (O M m v r- M C N! O W N C
d
X N 0 if) N (0 h U7 r` a0 N m n m O N h OD N v N h 00
O N O O O O M O r` c0 O O
m
'
O W (0 O LO N
.
m y m m O O O M (
D
7 m 00 O m
o 0 0 0 (n o 0 m o m v_ O m m m rn m o 0 0 o m m m m Ln m O co 0) O 0 0
o v m m o 0 o n n
y Cl) N CO Cl) - M- N (O ?- N '- (O N M N (N - N M N e- N CO N CO
N ?-
ir
G
E U)
Q G1 ; T 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0
QI O m 0 00 0 0 0 0 00 0 00 0 0 0 0 00 0 00 0 0 0 0 00
°
°
°
°
°
°
°
°
° ° 0
0 00 0 00 0 00
N o
O
o
O
O
0
o
o o
o °O
o ° O
° O
° O
° o
° O
°o ° o
°o ° O
°O o °0
C= ° 0
° O ° o
° O
°O °O °0
o o ° o
°o
_
`m _
_
_
_
_
_
_
_
_
_
_
_
o 00 0 00 0 00 0 00 0 00 0 00 O 00 0 00 000 _
_
_
_
_
0 00 0 00 0 M0
N M IL 0 00 O 00 O 00 0 00 O o (n o O O 0 00 O O O 0 00
o 0 C C (n o 0 C o O (n o 0 o m o 0 0 0 o 0 C 0 0 O Un o o 00 m O O o v 0
0 o q 0 0 0 ? U
_
CO M N M M G M ? M 10 N ? ? r '- N N N l() ? N M M M N M ? .- M M N N M N M N M
C
O
O
U L 4)« 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O
O m 0 0 0 o
0 o 0 o
o 0 0 o
0 0 0 0
o o
o
0 0 0
j
a m
t 00
00
00
00
00
N ?V ?V N N N N N N N N N N N N N N N N N N N N N N (
l N 00
00
N N N N N N N
+
L mi
V I? O O (n O M O 1? V OD N M O M co O r-- 0 (n N (h (17 00
N N N O
- N N
(n (n Cl) 0) (n f.- O ((n
O S N N O O .
N N M N .- O N O` N
N N .- N N O O N N .-
d d (0 h
(O r N N N N M M M M M M (n 0 t-,
N N
o 0 0 Cl 0 0 o r o 0 0 0 0 0 0 0 0 0 0 0 o 0 0
N M M In (n M
0 0 0 0M
0 0 0
d d
m
e
m c
m
am
0 0 0 0 0 0 0 0 0 0 0 o 0
0 U U 0 0 0 0 U U U U U U
d d d d d d d d d d d d d
m m m m m m m m m
m m m m m m m m m m m m m
co m m m
Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y m m m m m m m m m m m m m
C C C C C C C C C C C C C C C C C C C r r C C C C t! V e r r t U U U U (j
m m m m m m m m m m m m m m m m m m O O O O O O O O O O 0 0 O O O O O O
co m co m m m on co co m co m m co m on m co f 2 M 2 2 2 2 M M 2 2 2 w 0 0 0 0
C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Q Q Q Q 0
m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
O O O O O O 0 0 O O O O O O 0 0 O O o 0 O O O O 0 0 O
J J J J J J J J J J J J J J J J J J J J J J J J J J J O O O O p) p) p) p) p)
J J J J .
d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d?????
O
0 O
0 0 0
O O O 0
O O O O O O O O O O O O O O O O O O O O O N N N m m
N 2= S 2 2 X S 2 2 2= 2 2 2 2 S 2 2 2 2 S 2 2 2 2 Z 2 2 2 2 2 Z Z Z Z Z
m m m m m m m m m m m m N m m m m m m ?o m m m m m m m
`
` m ?a m m m m N m m
a? ar
m ? a? ar d ? ? ? ar ? ar dm d ar ? v
d d ? a? ar `d `m ? ? ? ar ? `m a?
a
p `d ar
N 0 N N
N
0 N 0 N
N N N N N N N
N
N -
p
te
0) (D
(D
0)
0)
a)
a)
(D d N 0) N N N 0 4i a
) 4)i
LL LL LL LL LL LL LL LL LL LL LL LL L(. LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL
N
d
3k w
C ?
d
E
d
y) (n N N 00 m CO co m M m m O OO O N N M r O N
?)
O t` O N m N O O N V
d C m
O N l0 LL2 i0 m O aD m V m m 0 O N
N
N
0 0 O
Cl O O v n W a0 (O r N
C ° N N N N N N N N N N N N N N N N N N N
N N N N N
N N N N N N N N N
3 0
O ?
U m
T
v
c
d
N
Q n N Z 04 r O co M Co W n M W CO CO M V M N` N 0_ ao
m
a
Y 2
r
Z
2
h 0 >-
Y (O (O m v m C 0 (n
lA J J co rn
LL
Z) X LL
(O m
m
N Y
C7
c
LL
co F- Z J 2 O Q' Q (0 >- H > X , >
? d
X aD 00
co
0_
d _
} O N N N N M N v V v <f
X X X X X 1: 1z fz f? h I- I? f? 1? 1? LL LL LL ?
J LL CJ C? LL
CJ V V 2 Q
LL LL (? (7 LL LL
LL LL ui
N ,
M M M M Cl) M Cl) M Cl) Cl) Cl) M M M M M M M M M M V M V V M V
M M M M M M M M M M M M
'
'
Cl) OO
M M aJ (O m (O (0 m
o
(,) LL M M M M M (
? M (h (1 M c
7
JJ
Cl) Cl) Cl) co Co M M M co M c) MJti M M M M M M M M M M M M M M M M M
M M M M M M M M M
?
,
?J vv VV a
'r- M
N 7G
co 2
S", 0) v
W a 02
U_ W)
M
Uo
? (O
M
M
y
d
Y
O
M
y
C ?
C E y
Q > O
t4
N
N ? N M
U o c ?
a?
a
d
7
A
d
M
m
CL
tp
a'
d O
0) 0
M C
? M
Q m
d
N
d
E
N
C
a
y
y
d
7
V
d
y
C
O
CL
7
0
U
v
c
d
rn
Q
d
V
N
LL
10 10 10 M 10 v _M _M _M 10 ` ?: ;: 7 7 7 7 7: X 7 7 7 7 7 7 : 7 7 7 r 7 Q d 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U (`1
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O n
10 10 (D O O O OD 00 m U) O O M O M 0 1n 10 10 0 10 m 10 0 O OO m m O 10 m 00 N
N r- z M t") z z z N N r- O O O O O r- N z N 7 O z O N 2z r- r- O N O U
CL
00 0 N N N
O O o O O 00 j
.- O O N M r- I-- n M r W
O O O O O o O O O V 07 1n M
O c O O 0
I?
r M M r 0 h
0 0 0 O O o o a
o LL
V 00 (O O O V
10
r O
0 O O N V (0 N (O (O (D N (O 10 O R a0 r 10 O O) _
O) O 10 00
a
4
O N N N N I N 0 O r V N QI O) Q) N O 10 N (O M r N V M O (O D) 0
O 1() CO O r r Cl) 10 O 101 (0
10 r v O O r m r o O w
r M 10 O O o N MI r
-? N - Cl) - e- - N
(O O V MM 1() m o m "' N
C-4 ?? . V •?- ? rO O N I r
'- N M ?-- N
O 10 1n 0 0 0 0 0 0 0
u0 r N 0 10 10 O O O O
r M O O N r O O a0
O -- O r
O O O O O O O O O O Cl)
O O O O O O O O O w r
O O O O O O O O O r N
O O o 0 0 0 0 0 0 m O
O O O 0 C 0 10 O 10 co a0
O O O O O O N V M r M
oa oo Oo OO oO °o rn a rn Cl It
10 N M N N N N N 00
7
0 00 0 0 0 0 0 0 0 M
O 99 O 99 O O O M
0 0 0 0 0 0 0 0 0 0 N
? Ov IMO 1 M0 O O R 14 N N
r r-- 8 O a)?? r -
m m m m C m m 0 0 r N
v- N - N- N N- It 00
v.
0000000000
O o 0 0 0 O 0 O 0 a
o o o o o o O o o o
O O O O o 0 0 O O o
C C O O O O 0 o a o
O o o o o o o o o V)
O O O O O O O O O M
O O O O o o q O o r
10 N M N N N M M (N V
O O O O O .-
0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N
U') In O 0 0 v N N r
N ? ? M M E N O O O
a0 ) N N M M
O O O O O O O
6 6 6 6 6 6 6 0 6 6
0 0 0 0 0 0 O O O O
IA N N (/) U) N U) V) N N
Q Q Q Q Q Q Q Q Q ¢'
m m _m v) _o) _m m o, o) o)
z z z z z z z z z z
m m m m m m m m m m
'a 'D C) -0 -D M 'a M M a
LL LL LL LL U. LL LL LL LL LL
N W N M N V m r m
m O O N N 10 (O
O
04 04
?2 ?2 ?2 ?2
r- CN LO
04 04 Co
O LOL. >- Y N (YO U
CL I
LL LL LL LL LL I OD O LL
M} M M M M M M M M
M (n M M M M M M M M
0
0
0
0
0
co
M
co
r
N
N
r
0)
N
N
r
m aD co m co 00 co 00 ao V 10 10 CO er M (3) 0) 0) 0) r 0) r (O
m W 0) r 1n 10 r r O 00 D) (O (O N O 00 W 0) 10 O (D
M .- N N N N N N M r N V v M N N Cl! N M N N
O O O O O O O O O O O O O O O O O O O O O O O
10 10 O 10 0 V v O N N 00 r 10 N 0 10 0
V M
m au m I- r r O m m (? 0 O m m m ?i O (O
M N N N N N N M N V V M N N N N M N N
O 0 0 0 O O O O O O O O O 0 0 0 O O O O O O O
O 10 0 0 0 0 0 0 0 1n o o 0 0 0 0 0 0 0 0 0 0 O_
m a20 r o 1n r r m V?. (O l0 O aD mm mow
M o' N N N N N N N '- N R V M N N N N M N N
O 0 0 0 0 0 0 o o 0 0 0 0 O O O O o 0 o o o o
r O O r O m 0 O O N O aD M O N O O O O O m M
O O O O W O O O r O r M O N O O O O O M O
M 0 0- O M r 10 r M O N M O N O N O N O W O
M O O M M M r O 1D 0 O O r M O f0
N O 10 v N O O r 10 10 O M (D O M M
r M v V CO N (O W W r N (D (D rn m m m rn m y r 0 r 10 00
m m m m m r-- m m m m 0) m m m m m
M m C m v v m m v_ 1n m C m 0) m m v_ m m rn m G m
N N- N N N N N r r ?- N - N N
0000000000000000000000c,
0 0 0 0 0 0 0 0 99 0 0 0 0 99 0 99 0 99 0
O o o 0 1n to 0 0 0 M O o 0 0 0 0 0 0 0 0 0 0 0
M M 00 N r r M N N M 00 0 00 O N m m r M O M N O
V V O O N c l! O O m m r m O O V v O M N M r
m m m OD m m m 00 m 10 m m r m m 00 m OD m m m m m
m m m m m m m m m m m m m m m m m m m m m m m
m m m m lv m m y 10 m m m m m m v m m m m m m
N N- N N N N N r-- N- N- N - f-
0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 O 0 0 0 O
O O 99 O 99 o o o O 99 O 99 0 99 O o 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0
O O 00 0 00 0 00 O 00 O O 0 o 00 0 00 O
O O o q C C 0 o m o m O o C C C o m C C o m O
0 0 0 0 0 co 0 00 0 0 0 0 00 0 o o 0 0 0 0
o o o o o o o o o o o o o O o o o o 0 o o o o
0 0 0 0 O O O O to 0 0 0 0 C 0 0 1n 0 0 0 0 0 0
M M N M N N M M i r N N M N A M ? M •- N M N ?
o ? : a O O O o O O O O O O O O O O O O
0 0 0 0 0 0 0 0O a O 0 o 0 0 0 o 0 0 0 0 0 0 0 0 0
N ?V N N N N N N N N N N N N N N N N N N N N N
O CO M O O st V v 0 0 O O N M V V N O O O
N O O N N ?V N N N N Cl) M? O O '- N N N O N N M
(O 00 a0 N 00 D M m M M O (D r M a0 W W M 0 M 0
O ?O FD O O O O O O o o O O O O O O O O O O O
O O O O O O O O O O
U U U U U U U U U U
m m M O) O) m m m m O)
M M M M M M M M M M
Y Y Y m m m m m m m m m m
C C c r t! It t! V 0 0 0 0 0 0 0 0 0
M M co O 0 0 O O O O O 0 O N N N 0) N N N 0 N u0,
M m c c c c c c c c c c c c c Q Q Q Q Q Q Q Q Q Q
M M M M M M M M M M M M M
J J J J J J J J J J J J J 666 __m _m _m _m _m m m
m O O O O M O O O M M 0 0 0
E E E E E E E E E E E E E----_-----
0 0 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m
Q x 2 2 2 2 x 2 2 2 2 2 x 2 Z Z Z Z Z Z Z Z Z Z
o m m m m m m ?o m m m m m m m m m m m m m m m m
c M d d d 0 d `m a? d d `m a? `m d a? a d m `m `m d a
10 a-0i
I LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL
O U)
? 41
y 'C
7
V
I d
? M 10 N O W OD m N M N m r O M r m M O V
I C M `- O O 0 0 0 r r 00 Cl) 10 1n 1n 1n m r r r
O O O O O O O O O O O O O O O O O O O O O
'. O N N N N N N N N N N N N N - N N N N N N N N N N
3 ? ? ?
N
0
c
m
Z O
X v o 0 0 CO) 0 (O m O O M r M (D M r Op 10
Q
Z Q p p H QQ p Y F- LL y p F- d (i p
U U' LL Y x x 2 oy Y- oy w W W J LL (7 Y Y Y 2
m co co 00 OD OD
y M co 0 M i m i M m 0 W W W m m co
M M M M M M M M M M M M M m 10 m m 10 10 10 10 10 10
00
O]? M M M M M M M M M M M M M
1 M M M M M M
_ M M M M M M M CO CO M M M M M M M M M M
0
9
w
p
It
d
10
IL
?O
D A
UW)
?o
M
U_ c
c0
M
? d
cc N
r 0?
y
d
7
l0
.19
O
O
m
d
7
NI
a
Y
N l0
?
C C
(D
T
Q ; T 7
N >
`
C C
Cl) g a
'A T-
= M m
CL
O .0
U O
IL y N
ro
O
d n.
ar d
rn U
m c
d m
Qm
NI
7
N
C
N
E
i
C
al
y
U
0 0 0
ccN_pO N (N?pp
O O O
04
0
0 -
? It v co
N N I r
r W OD co
It co (o r-
04 N N I N
o 00 O
v ? N. ri
N N N I N
O O O O
O O O
V O O
N N N
O O O
0 o N o
M LO O V
r- r N
LO CO
I-- N LO N
0) O O LO
M (30) I
N -
c0
O O O
O O O
O 00
O f- co
M O M
Oi co r
rn rn m
0) C (3
N .-
0 0 0
0 00
000
0 0 0
0 00 O
0
o O o
M N
O
O
O
Cl)
0
ri
O
c0
O
0
0
00
co
w
0 --
C) O o
N N N
O O
o
0 0
0
M
v
M
co
cn
N
0
Q Q Q
O) Of o1
N N N O
Z Z Z
m m m a
N N N A
U. LL LL N
fA O
d ?
7
? N
v
d
? o rn
= o
'o
u
N_
O
T
V
c
01
ol C,4 C14 0
Q U
J d d
L co 00 W
CD 00 00 00
0 M M
LL M M co
N
Q
O
W)
O
m
T
0)
a
a
M
N
T
Oi
O
M
ai
O
M
V
N
0)
0
co
v
v
M
0
0
cp
n
c0
N
M
d
A
a
M
m
0
F
19D-10
a °
U) U N
O
Q N
o a
O LL
? a
d a
O
M
0
N
O
Lr)
d
10
a
_ E U r
Q ? ? o
N N
C = 'gyp ^
co Q L
O L
V ° a°
CL
«2
U?
M
Uo
r M
}
'O 4
d ?
N
N
L ?
V
7
a
d d
m c
?a
¢'m
7
0
4t
a
E
N
C
IL
N
U
O O O o
00 0 O 0
O O O O
O O O O
0 0 0 0
O O O O
A ;z 0 0 0 0
(00 O
m r o (o
rn rn o 0
N LO (O
co V
M . O (O O
m rn O 0
O m O O
co v
0 0
M I-- O w
rn m O O
CNO V co
O O O O
N N N N
O O O O
0 r r 0
0
0 0 0
C
0
'c
U
N
U
m
N N
O7
L L N
0
V
A
E U U LL
Q m coo m
p O O Q
O
N
Y O
m a d m
M U)
Q
ao
ra) ^0O
A P7 0)
A 0 0
00
O M M
co
W) 0
m rn LL
Z
N au O
U
>
U
a)
m
m Q
?
C (n
y Z
U O
U
(D t
U)
i
0
0
U)
0
00
N
N
M
n
n
N
M
V
Of
(O
a
M
M
U)
(o
co
v
M
m
0
L
pl-
N
N
M
4
d
E
N
C
v
c
R
L
N
A
U
0
H
19D-11
Q CL O
? U N
O
U N
0 a
O ?
r a
d a
0
0
m
0
d
D
w
19D-12
0
A R
? c
H?
} Cl.
i t
C
d 2
U
- a'
2
rn m
00
N
0
o I o
0 0
O o
OD co
Cn m
O O
O
C.
o I o
O I C.
`a
IC
r '
? d a
^
N
N
?
d
Z
y ?
H
0
W
Q CV
_
C >
°o
.
W M
m m
? ? V N
R
y
? ?
U a
i
LLI
V/ = Q 2 O
O
Q
U
IL
y
z
LL
W
w
U)
W
w
a
O
V
00
Q
z
Q
Q
F -
z
Q
U)
d
N
N
A
C
R
CL
E
O
U
N
L
co
co
}
z
m
d
r
N
3
H
00
of
O
o m
o rn
N `
41
O Q
o O
m
io
O
W
F -
ca
lil
0
m
m
a
a
U
z
D
0
LL
V
N
c
O
m
jp o
a ?
rn
"V N
C
7 0
V)
0
0
cD
0
0
O
0
c
A
C
m
C
Q
W
U
J
O
a
m
Q
z
Q
FQ-
z
Q
U)
d
7
N
19 -14
a
C
N
a
E
O
U
N
N
d
N
}
z
m
d
r
N
3
H
o ( o
v v
? h
O
V
M
D tD
? N
m w
N N
O c
N try
N h
N N
o O
0 01
r> M
(O ?O
V a
cv N
N N
r n
o o
m m
r'
co m
a
o c
o m
N
o Q
° v
m
R
0
a
rn
-Fu
o
z
m
LL
oo
O
Y
C
t0
m ?
C N
L O
m u)
U ai
0
v
N
v
a
O
O
O
Le)
LI)
n
O
Q1
tD
v
N
N
W
c
R
C
E
ayi
C
0
w
W
U)
W
m
M
O
n
O
Q'
a
Q
U
Q
z
Q
Q
I --
z
Q
d
3
N
N
N
? r r
D ?
O >
C
O ? n
? a d
o c
a °o
0
e
0
m
0
ir
N O T
F-
0
tT
T+O
a o?
F O
O
F O
[h
?
C y
7
U I
m
m
Y
L
R
d
>
a
i-
U)
? m
Z +O+ m
L
W ~ T
O >
Y
S>' N
CO)
CAA
M o
m
C
? .?
d
E U
(6
U y ?
w >
'
C (V N
T
x 0-,,-
L
CO)
U LL
3
N
aCi
E
W
a
N
U
T
C
m
a
E
O
U
N
tom.
c
M
N
N
}
Z
m
W
N
7
O I O
O O
O O
O
O O
O O
O O
O
O
O
O O
0-1 0
O O
OI O
0
O
O
O
m y
o p?
O m
N
d
o Q
o a
m
A
O
a
rn
C
LL
E
m
z
N
m
U
R
N
H
m
Y
c
R
OD
O M
L O
A U)
U vri
O
O
O
O
0
O
0
O
R
m
N
C
m
0
F
m
M
O
.o
a`
d
U
to
C
Q
C
d
7
N
N
W
2
N
V
d
w
d
Q
to
C
V!
L
H
O
O
O
O
o I °o,
O
O
o
O
O
0
O d
N
N a
o
cc
R
O
a
in
N
IL
z
7
N
N
H
O
m
N
N
i
? o
O
v
Q
m
a O
ID Cl
C co
O U
1SD-
O
O
O
O
0
0
O
O
O
O
N
c
d
N
C
0
w
W
CO)
W
Ir
a
M
O
7
O
a'
CL
a
U
Q
Z
Q
FQ-
Z
a
d I
3
14
T
a
E
O
U
N
L
r
N
}
Z
co
d
V
H
3
1-
O 1 O
O I O
O O
O O
o O
O O
O
O
O
0 I 0
o O
O
0
O
00,
O y
o ?
N ?
d
a'
o 'c
N
R
O
to
}
U
J
O
CL
0
z
Z)
LL
w
U
it
it
w
N
w
U
LL
m
to ?
o
O
v
v
a
Y
A
r D
C
0
U)
O
O
O
O
0
O
0
a
m
E
d
C
0
F
o ° >
i
°a
O
a 0
a
0
a
0
m
°
M 0
F `
m
CS1
T
a o
?
>
L
g to
M
go
F- o
c «:
ev ea
i ?
O
U
A
d
Y
A
d
3
N
.
a
F-
U)
H y
Z to
L r
W ~ O Y
N o
W
M o
m
r
c t
C?
\L E L
IQ
U0
W >
L ?
a a
U
3
N
a
E
N
c
CL
N
U
Sri
co
a
Cl)
O
O
w
a
w
U
Q
Z
a
Q
H
Z
a
m
d
7
U)
N
m
a0+
N
m
w
d
O.
0
c
d
a?+
N
7
H
IO
O
o
0
o O
OI O
O
O
O
O
O
O
0
O
O to
O I
N M
N a
NO
to
t6
O
d
? I
a
J
N
t0
N
F
O
m
U-
LL
M
c 0
S 00
0
v
Q
d
Y
A
N
d c,
r N
o
0
O
0
O
0
O
O
0
O
v
N
?r
w
N
C
O
F
Z
f6
a.+
.y
O
G
N
0
0
O
N
R
C
Q
a?+
C
l6
U)
G1
7
(a
U)
C.
E
O
U
N
3
H
c
fp
}
Z
m
d
a?+
N
3
I gD?
0 0
O O
0 0
0 ( O
0 0
0 0
0
0
0
0 0
m O
N N
N N
n A
O O
m m
N N
to N
o o
f
6 tri
N N
N N
r- ro
O pt
O tp
N
O a
l0
R
O
c
J
LL
L
(6
V
N
t6
tU
F
U1
J
W
c 0
0
v
U
Q
Y
N
to
C C)
M
I, ?I
of 0 0
O O O
0 0 0
I o 0
00
0 0 0
0 0 0
0
0
0
e7
Cl)
N N N
C14 N co
,Ili It 43i
T m T
t0 tD t0
M t^'7 V
CD w to
V ai
O 01 to
m m
i
Cl) c.)
N to N
N N co
v_ a 0)
Q) 01 t7>
to m eo
O m
O N A
N
O
° a d
C) E
=
to
l0 >
O C
4 A
3 O
N F
C
LL
C
0)
E
fn
N
C
T
U
C
m
Q
O >
J W
d'
N
0 Co
O
? N
U. 0-
0
E OD U
Q
w Z
c a
a
V ~
Z
m V)
Q
r9 w j
J ? y
y
C
R
a
E
O
U
N
c
y
z
m
d
N
i
H
U) Q
F
° N
Oo
LL ?
? O
o ?
°
d o
Y
o
?
v
m
C o
to
f6 ?
°
U
0
a o?
M
}
?(0
c r
Cl N
7
U
m
d
Y
W
d
7
{0
N
CL
U)
ir
? d
Z 4)
N
L T
W ~ Y
2 >` N 0
M 0
m
LU
C
~ t
O
E i
ca
U
y ?
a
i
w >
c
co am
N N
U D
U a
a
O
0
0
0
0
0
O
O
00
D
N
c
m
E
m
c
0
N
3
N
C
E
N
C
a
N
U
C
f6
Q.
E
O
U
N
C
N
r
Z
m
G1
r
y
3
H
o ( o
0 0
0 0
0 0
0 0J
b
O
O
0 0
0 h
t- A
co co
I? A
N_ N
C l!
V V
O O
U? O
A f -
co co
A A
N N
N N
V V
O o
U? LO
co w
A r
_N N_
N N
v v
00 y
O pn
O i
N
o a
v
m
m
0
a
in
c
7
LL
E
rn
L
N
co
U
Z
7
N
N
N
H
7
N
N
00
Y
C
l0
m N
C N
= o
R
U v}i
0
G
b
0
0
co
A
N
N
O
O
A
co
N
N
V
h
n
N
N
E
ayi
c
m
H
W
U9
co
m
r
U)
Q
lLl
LL
LU
0
W
U
J
CL
Z
Q
Q
d
3
M
N
C
C.
E
O
U
y
L
c
N
r
Z
m
d
r
N
3
H
to
0
0
to
O Q
A A
co Nco
O O
N N
O O
A A
N N
co co
O O
N N
O CD
I? A
N N
co co
0 0
N N
O 01
O C1
N i
o a
o c
R
m
0
7
7
10
d
H
co
7
M
N
C O
7 m
O
U
U
a
N
M
C co
O
ibb-
O
0
0
C
O
N
O
N
O
A
N
co
N
A°
O
N
B
M
c
0)
E
w
c
0
F
0
LL
LU
D
Z
W
W
U
co
01
Q
Z
Q
Z
Q
Cl)
d
3
N
N
16 - '
N
d
y
L
N
V
d
a
y
C
d
r
N
7
III I o
0
0
(o
O o
O I O
O
O
°o
O
O
00
O N
O
N ?
N a
o =
R
A
0
n
in
7
m
N
r
c °
3 O
0
V
a
d
L
f0
G ?
a r
C oo
o
U N
Q .- of
U)
? r r
H o
o ° >
o a
o
a o
0
P
0
0
0
N 3
a o?
d
'r- m
3?
?LO
H m
M
}
C .0+
d N
3
U
R
a
s
`m
d
`.
a
F-
N
F- y
d
Z
N ?
0 `
W ~
O >
Y
N 0
ml
W
+N+ M
_
C t
C1
E `
"M
U U)
W >
cn C d d
N
(n V
U a
d
N
N
C
E
d
C
a
y
U
W
Z
W
W
x
m
co
o)
a
Z
Q
Q
F-
Z
Q
ai
3
0
N
d
r0+
CO)
L
d
55
Gf
M
N
C
D
d
U)
N
3
F-
to
0
to
0
0 0
4I R
0
0
°o
0
0
0
o y
O
N ?
O
Cl) a
o
10
W
O
a
N
d
H
D
Y7
2 n
C °
7 m
0
v
v
Q
d
Y
n
m
r N
O
0
0
0
0
0
0
0
00
v
C
A
C
E
h
d
C
00
0
LL
in
W
w
0
m
W
Ir
O
a
z
Q
a
F-
Z
a
V)
G1
7
U)
U)
m
ca
C
0
U
N
7
H
C
r
N
Z
m
CD
y
$Dl
0 0
O O
O O
o° ( o
° o
p o
0
0
0
T m
v v
O m
m co
? n
v v
m m
? to
v v
m
°O
N ?
O Q
o
R
f0
O
a
y
c
LL
E
rn
L
N
f0
U
m
N
H
N
D
aD
M
0
c
f6
m
c M
A ?
-017
0
O
0
0
v
m
v
m
a
v
r
N
C
d
E
y
d
C
A
0
W
W
y
W
0
N
W
F-
a
Z
Q
a
H
Z
Q
U)
ci
7
N
N
C
m
a
E
0
U
N
7
F-
C
0
r
Z
m
N
U)
U)
3
F-
of o
O O
o c
o
0 0
of c
0
0
0
O o
OI o
0 0
oI O
°O
0
o d
O ?
N
CD
o Q
o ?
l0
N
O
a
N
c
E
L
N
N
U
3
10
d
H
7
O
O
O
00
Y
C
lC
m O
t °
00
N
U v}i
Q
H o
o
o ? a
O
0
O
0
0
CDR CL o
0
v
r
E
N
d
C
R
0
0
0
v
0
0
W
a a2
d
Z m
7O
M
M
C N
7
U
d
7
m
>
Y
m
d
7
m
a
H ?
Z :r d
N
0 L
r ?
m
LL1 ~ Y
_ N O
LU
M O
co
C
? .C
O
E U
m
U U)
W >
fA = d d
rn
cn U
Q a
U
d
H
N
d
E
W
C
a
V5
D
U
0
LL
co
LLl
it
0
0
N
w
LU
H
a
a
Z
Q
Q
H
Z
Q
N
d
3
y
y
R
a
E
O
U
Y
y
H
d
H
N
Z
00
d
W
3
H
OI O
O O
O O
o I O
O O
O
O
O
? n
N N
O N
O O
N N
O O
co co
i.
N N
6
O O
co co
0) d
O of
O (p
N
a
o a
c
m
m
O
in
c
E
m
rR
L
N
m
U
y
co
N
F
d
0
Y
c
m
m
t o
R N
U U)
O
O
O
O
I
r
N
N
O
ti
N
to
co
n
N
co
a
C
N
d
E
N
C
A
0
Q
LLI
w
V)
LL!
r
r
O
N
m
Q
Z
a
Q
H
Z
Q
N
d
7
N
y
16
a
E
0
U
Y
N
L
H
d
Z
in
6
CD
N
7
I 6Dt
v v
O O
M M
r n
0
N
M
O
O
O
O
O
N N
n n
O tf7
o O
01 01
I- A
N tD
(D tD
O O
n n
O O
0 0
o ai
O co
O O
I- A
fi N
o O
a en
n A
M tD
(o to
d
o ?
N ?
d d
O Q
o a I
m
m
O
a
c
3
m
L
N
m
U
N
_d
H
Mo
0
to
'O
c
O
co
Q o
° N
0
°CV
?
O U
.18
°o
O
O
O
O
O
O
n
O
O
r
[D
tD
O
n
O
v
en
{rD
co
N
a
of
(D
to
a
C
H
d
E
d
C
m
0
f-
LL
0
Cl)
0
U
r
O
N
m
a
Z
Q
FQ-
Z
Q
N
7
N
N
_
a
E
O
U
Y
N
L
H
L
N
Z
m
N
y
N
3
H
7 I v
O C.
M M
0
N
M
M
O
01 I O
O
O O
O O
M O
o O
p O
O
O
O
N N
O tD
n r
O O
1N N
N N
O (D
(? n
0 0
(Nn N
N
(D tD
r A
o 0
(N ci
d
O ?
N m
V j
o Q
o a
m
m
O
a
w
c
LL
01
L
N
m
U
Z
N
_d
N
N
0
co
to
a
c
0
m
m
_a rn
V O
= co
7 U)
a ? U
t7 U) Q
n
H o
o >
? o
O 0
O
O
O a 0
O
O
O
N
tD
C
O
N
N
(D
n
N
O
N
to
0
N
m
r
E
d
C
76
0
v
0
0
ai
0
m
a o
?+ d
? A
F- W
F- M
}
F O
~ W
M
}
C y
3
U
d
7
d
i
R
d
R
a
H
Cl)
? m
Z N !
3
I
` T j
LL ~ X
2 >' N 0
W
M 0
co
r
C
H L
d
E U
R
U y ?
LU >
cn a N (D
L
)
U a
d
N
E
d
CL
h
U
0
Z
LL
3
O
U
LU
Q
aD
rn
rn
Q
Z
Q
Q
F-
Z
Q
cn
d
7
N
N
d
m
y
F-
"a
d
w
v
d
O.
N
C
N
CD
N
L-
F-
0 0
M M
n n
M
N
M
M
O
O
O
O
O
N N
O O
co co
r- F,
W r
I
N N
0 0
co co
? N
0 0
W W
y
N
o >
`r
Q
o r
R
R
O
a
in
c
7
LL
E
rn
L
N
R
U
Z
m
F=
v
o
lo
u)
'O
C
O
Ln
M rn
u o
C W
3 ?
u)
a
O
O
O
O
O
N
O
co
r
N
O
h
0
N
c
E
N
d
C
A
0
0
Z
LL
O
LY
U
LU
m
m
rn
Q
Z
Q
H
Z
Q
N
d
7
N
N
a
r
O
O
O
O
O
M
co
M
N
r
00
N
c
R
w
E
N
d
C
?a
0
t-
0
Z
LL
O
w
U
N
LL
U
Go
m
_rn
Q
Z
Q
H
Z
Q
d
3
N
N
a?
m
N
3
H
U
N
Q
N
C
d
r
N
3
166.
0 0
Cl) M
M
N_
M
0
O
O
O
O
O
M M
W co
N N
M M
W co
N N
co co
N N
y
o O7
N ?
o Q
o C
R
R
O
C
3
LL
E
D)
L
fA
R
U
m
m
H
N
O
v
10
y
c
C
O
m
d o0
V N
0
C °P
7 U
m
m
N
3
L?-
N
C.
N
C
N
U)
N
7
H
0 0
M M
? n
O
N
c?
M
O
O
O
O
O
O
O O
N N
W o0
01 T
o O
N Cl!
W co
m ?
N 0
N N
W W
W ?
y
o Q1
N ?
v >
o Q
o =
R
R
O
Z
in
c
3
LL
E
01
L
rp
R
U
m
p
F
N
v
LO
y
D
C
O
m
0- o
'V N
0
C co
? U
U)
M U) Q M
r r r
H O
O >
L
O ? a
O
CL O
O
O
O
O
O
W
r
0
co
r
0
N
m
c
R
r
E
N
d
C
?o
H
v
0
v
0
0
0 .?
r
a o?
N
70
~ O
M
r
20
F- ?
M
}
C ?
d m
i ?
3
U
m
m
m
Y
m
N
m
IL
H
H y
Z ++ d
0 `
W ~
C ;
Y
N o
W
M O
ro
r
C
~ t
d
E ?
"M
U y ?
w >
tq c u7 N
= r ?
Q '
U a
`m
N
N
ZM
•
al
7
U
0
z
D
LL
O
w
U
W
0
O
07
o?
Q
z
a
a
z
Q
d
7
N
N
N
d
r+
y
7
H
.LD
C1
N
c
d
a?+
N
L
F-
vl v
O o
m M
r n
M
N
M
M
O
O
O
O
O
I
v v
0 0
N N
O O
V O
7 ?
O O
.D W
v V
O 0 I
N N q
Go
R O
a
o rn
N m
V
O Q
o
c
m
R
O
a
c
LL
rn
t
m
U
co
co
m
H
N
v
Lo
y
C
O
m
O o
Z N
0
C O
N
v
0
?I
O
O
O
O
v
N
co
a
V
O
co
v
O
cli
co
m
r
N
C
m
0
W
W
U)
LLI
Q
M
O
O
N
LL
W
Q
z
a
z
Q
U)
3
N
U)
d
d
a+
N
7
F-
d
w
N
C
d
r
y
$Dl
I
co 0
co o
- 17
O co
O
O
N
b
O
O
O O
O O
co
W I O
O O
O
p
of o
O O
O I O
O
O
CD am
o ?
N ?
O Q
o O
m
m
O
n
(n
}
U
J
0
IL
0
z
O
m
}
W
ll?
D
U
Q
m
Q
00
V!
C
O
m
_G M
V <o
c co
7 to
co
co
O
O
O
O
0
O
O
O
v
R
C
E
'co
C
A
0
U ? N
co Q
O d
O ?>
O ? n
O
CL o
v
0
Q
0
m
O
cr
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING CALIFORNIA
ENDOWMENT GRANT FUNDING
PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment recognizing The California Endowment Program Funding in the
amount of $61,144 into the revenue account (no.02414002-57081) and appropriate same into the
expenditure accounts (nos. 02414410-various).
DISCUSSION
The California Endowment is a private statewide health foundation that grants funds Building Healthy
Communities projects throughout the state. This 10-year, $1 billion program is currently working with
14 communities, including the City of Santa Ana. The program aims to improve employment
opportunities, education, housing, neighborhood safety, unhealthy environmental conditions, access
to healthy foods and more. The goal is to create places where children are healthy, safe and ready to
learn.
The Santa Ana Police Department has been awarded a $61,144 grant from the California
Endowment. This funding will provide the Police Department resources to focus on Community
Outreach within the Empowerment Zone. This focused outreach will capitalize on two proven and
effective programs, The Parent Academy and Jr. COP Program. Additionally, the Department will
introduce a new program, The Teen Academy. The Department will partner with schools and
neighborhood associations to determine the locations that will best benefit from these programs.
20A-1
CALIFORNIA ENDOWMENT GRANT
FUNDING PROGRAM
MAY 2, 2011
Page 2
FISCAL IMPACT
Approval of the appropriation adjustment will increase revenue in the California Endowment Program
revenue account (no.02414002-57081) by $61,144 and increase the same into the expenditure
accounts (nos. 02414410-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters
Chief of Police
Police Department
Francisco Gutierrez 4C,1
Executive Director
Finance & Mgmt. Services Agency
20A-2
THE CALIFORNIA ENDOWMENT
RESTRICTED PROJECT GRANT AGREEMENT
Santa Ana Police Department
EIN 95-6000785
Grant Number 20102189
This Restricted Project Grant Agreement ("Agreement"), upon execution on behalf of
Grantee in the spaces provided for signature, will evidence Grantee's agreement with and
commitment to The California Endowment ("The Endowment") as follows:
GRANTEE'S STATUS
This grant is specifically conditioned upon Grantee's status as an eligible grantee of The
Endowment in accordance with this section. Grantee warrants and represents that it is
one of the following: (a) a tax exempt organization under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code"), and is not a private foundation
as defined in Section 509(a) of the Code, (b) a governmental unit referred to in Section
170(c)(1) of the Code, or (c) a college or university that is an agency or instrumentality of
a government or political subdivision of a government, or owned or operated by the
same, within the meaning of Section 511(a)(2)(B) of the Code. If grantee is a Section
501(c)(3) organization described in (a), Grantee has provided The Endowment with a
copy of IRS determination letter(s) evidencing its status as an eligible grantee and
Grantee warrants and represents that such determination letter(s) are currently in full
force and effect. Regardless of Grantee's current tax status. Grantee will notify The
Endowment immediately of any actual or proposed change in tax status.
lI. PURPOSE OF GRANT
Health and Safety Initiative: To improve neighborhood health and safety by providing
leadership and training programs to children, youth and their parents in central Santa
Ana.
This grant is made only for the specific charitable purposes described in this Agreement.
The grant funds, which includes any interest earned on the funds, may not be used for any
other purpose without prior written approval from The Endowment.
III. EXPECTED OUTCOMES OF GRANT
1. Increased youth-led advocacy for local health and public safety systems reforms in
central Santa Ana, as evidenced by provision of the Jr. COP program at 4 BHC.
community-based locations; a minimum of 120 central Santa Ana youth graduating from
the Jr. COP program; a 30% increase in trust in local law enforcement, as measured by
pre- and post-program surveys administered to participating youth and their parents; and
strengthened partnerships between the Santa Ana Police Department (SAPD) and at least
5 youth-serving civic groups and/or faith-based organizations.
20A-3
2. Increased adult resident-led advocacy for local health and public safety systems
reforms in central Santa Ana, as evidenced by provision of the Parent Academy program
at 6 BHC community-based locations; a minimum of 150 central Santa Ana adults
graduating from the Parent Academy program; a 15% increase in trust in local law
enforcement, as measured by pre- and post-program surveys administered to participants;
and strengthened partnerships between SAPD and at least 5 civic groups and/or faith-
based organizations.
3. Increased teen-led advocacy for local health and public safety systems reforms in
central Santa Ana, as evidenced by provision of the Teen Academy program at 4 BHC
community-based locations; a minimum of 100 central Santa Ana youth graduating from
the Teen Academy program; a 20% increase in trust in local law enforcement, as
measured by pre- and post-program surveys administered to participating youth and their
parents; and strengthened partnerships between SAPD and at least 5 civic groups and/or
faith-based organizations.
4. Improved capacity of SAPD to adjust Department practices and priorities according to
the interests and concerns of neighborhood residents, as evidenced by analysis of the trust
surveys administered to program participants; regular updates to the SABHC hub steering
committee on progress, challenges, and learnings of the SAPD programs; and monthly
briefings to the Police Chief and Deputy Chiefs on the youth and adult participants'
comments and suggestions regarding public safety and the role of the SAPD.
IV. AMOUNT OF GRANT
$61,144, payable as follows.
$61,144 upon The Endowment's receipt of this executed Agreement.
First payment is contingent upon receipt of this original signed Agreement.
V. PERIOD OF GRANT
Grant funds are to be applied to expenses incurred for the period from March 1, 2011 to
February 29, 2012, unless otherwise agreed upon in writing by The Endowment.
VI. TERMS AND CONDITIONS OF GRANT
Grantee agrees that the grant is subject to the following conditions:
A. Expenditure of Grant Funds
Use of Funds. Grantee must spend the grant funds only for the purposes
described above.
2. Prohibited Uses. Grantee shall not use any of the funds from this grant in
a manner inconsistent with Section 501(c)(3) of the Code, including:
Agreement Restricted Project: Santa Ana Police Department - 20102189 Page 2 of 6
Rev. 1 /9/ 08
20A-4
a. carrying on propaganda, or otherwise attempt to, influence
legislation,
b. influencing the outcome of any specific public election,
c. carrying on, directly or indirectly, any voter registration drive,
d. inducing or encouraging violations of law or public policy, or
e. causing any private inurement or improper private benefit to occur.
3. Payment of Funds to Related Parties of The Endowment. No part of these
grant funds shall be paid to any director, officer, or employee (or their
family members) of The Endowment for any purpose.
B. Return of Funds. Grantee shall return to The Endowment any unexpended grant
funds under the following conditions:
1. If The Endowment, in its reasonable discretion, determines that the
Grantee has not performed in accordance with this Agreement; or
2. Any portion of the funding is not used for grant purposes.
C. Records, Audits, Site Visits. Funds provided by The Endowment, together with
any interest thereon, shall be accounted for separately in the Grantee's books and
records. A systematic accounting record shall be kept by the Grantee of the
receipt and disbursement of such funds. The Grantee shall retain original
substantiating documents related to restricted grant expenditures and make these
records available for The Endowment's review upon request. Grantee shall be
responsible for maintaining adequate financial records of this grant program. The
Endowment, or a designated representative, reserves the right, upon written
notice, to audit Grantee's books and records relating to the expenditure of any
funds provided by The Endowment as a restricted grant.
D. Reports. Grantee shall make a written report to The Endowment as of the end of
Grantee's annual accounting period within which the grant or any portion thereof
is received and all such subsequent periods until the grant funds are expended in
full or the grant is otherwise terminated. Such written report shall describe in
detail the use of the granted funds, compliance with the terms of the grant, and the
progress made by the Grantee toward achieving the purposes for which the grant
was made. Such reports shall be furnished to The Endowment within thirty (30)
days after the close of the annual accounting period of the Grantee for which such
reports are made. Within thirty (30) days after the use of the grant funds is
completed, the Grantee must make a final written report with respect to all
expenditures made from the grant funds (including salaries, travel, and supplies),
and including the progress made toward the goals of the grant. All such reports
must be signed by an officer of the Grantee.
The schedule of due dates for such written reports is:
• 1st interim report: 09/30/2011;
• Final Report: 03/31/2012
E. Budgets. Expenditures of grant funds must be made substantially in accordance
with the grant budget, which is attached as Exhibit A. Any material changes from
the budget must be approved in advance by The Endowment.
Agreement Restricted Project: Santa Ana Police Department - 20102189 Page 3 of 6
Rev. 1/9/08
20A-5
F. Licensing and Credentials. The Grantee hereby agrees to maintain, in full force
and effect, all required governmental or professional licenses and credentials for
itself, its facilities, and for its employees and all other persons engaged in work in
conjunction with this grant.
G. Management and Organizational Changes The Grantee agrees to provide
immediate written notice to The Endowment if significant changes or events
occur during the term of this grant which could potentially impact the progress or
outcome of the grant, including, without limitation, changes in the Grantee's
management personnel or losses of funding.
H. Public Reporting, The Grantee agrees to disseminate to the public, by using
established channels of communication, pertinent information relating to the
results, findings, or methods developed through this grant.
1. Publications; License. Any information contained in publications, studies, or
research funded by this grant shall be made available to the public following such
reasonable requirements as The Endowment may establish from time to time.
Grantee grants to The Endowment an irrevocable, nonexclusive license to publish
any publications, studies, or research funded by this grant at its sole discretion.
J. Knowing Assumption of Obligations Grantee acknowledges that it understands
its obligations imposed by this Agreement, including but not limited to those
obligations imposed by reference to the Code. Grantee agrees that if Grantee has
any doubts about its obligations under this Agreement, including those
incorporated by reference to the Code, Grantee will promptly contact The
Endowment or legal counsel.
K. Terrorist Activity. The Grantee agrees that it will use the grant funds in
compliance with all applicable anti-terrorists financing and asset control laws,
regulations, rules, and executive orders, including, but not limited to the USA
Patriot Act of 2001 and Executive Order 13224.
L. Identification of The Endowment Grantee shall ensure that The Endowment is
clearly identified as a funder or supporter of Grantee in all published material
relating to the subject matter of the grant. Grantee shall list The Endowment as a
funder or supporter in its annual report (if any). All proposed Grantee external
communications regarding The Endowment shall be submitted first to The
Endowment for its review and approval.
M. The Endowment Letterhead and Loo Use of The Endowment letterhead or logo
is prohibited without prior written consent from the Communications Department
of The Endowment.
N. Subgrantees. With regard to the selection of any subgrantees to carry out the
purposes of this grant, Grantee retains full discretion and control over the
selection process, acting completely independently of The Endowment. There is
no agreement, written or oral, by which The Endowment may cause Grantee to
choose any particular subgrantee.
0. No Agency. Grantee is solely responsible for all activities supported by the grant
funds, the content of any product created with the grant funds, and the manner in
which any such product may be disseminated. This Agreement shall not create
Agreement Restricted Project: Santa Ana Police Department - 20102189 Page 4 of 6
Rev. 1/9/08
20A-6
any agency relationship, partnership, or joint venture between the parties, and
Grantee shall make no such representation to anyone.
P. No Waivers. The failure of The Endowment to exercise any of its rights under
this Agreement shall not be deemed to be a waiver of such rights.
Q. No Further Obligations by The Endowment This grant is made with the
understanding that The Endowment has no obligation to provide other or
additional support or grants to the Grantee.
R. Remedies. If The Endowment determines, in its reasonable discretion, that
Grantee has substantially violated or failed to carry out any provision of this
Agreement, including but not limited to failure to submit reports when due, The
Endowment may, in addition to any other legal remedies it may have, refuse to
make any further grant payments to Grantee under this or any other grant
agreement, and The Endowment may demand the return of all or part of the grant
funds not properly spent or committed to third parties, which Grantee shall
immediately repay to The Endowment. The Endowment may also avail itself of
any other remedies available by law.
S. Indemnification. Grantee irrevocably and unconditionally agrees, to the fullest
extent permitted by law, to defend, indemnify, and hold harmless The
Endowment, its officers, directors, employees, and agents, from and against any
and all claims, liabilities, losses, and expenses (including reasonable attorneys'
fees) directly, indirectly, wholly, or partially arising from or in connection with
any act or omission of Grantee, its employees, or agents, in applying for or
accepting the grant, in expending or applying the grant funds, or in carrying out
any project or program to be supported by the grant, except to the extent that such
claims, liabilities, losses, or expenses arise from or in connection with any act or
omission of The Endowment, its officers, directors, employees, or agents.
T. Captions. All captions and headings in this Agreement are for the purposes of
reference and convenience only. They shall not limit or expand the provisions of
this Agreement.
U. Entire Agreement; Amendments and Modifications This Agreement constitutes
the entire agreement of the parties with respect to its subject matter supersedes
any and all prior written or oral agreements or understandings with respect to the
subject matter hereof. This Agreement may not be amended or modified, except
in a writing signed by both parties.
V. Governing Law. This Agreement shall be governed by the laws of the State of
California.
Agreement Restricted Project: Santa Ana Police Department - 20102 189 Page 5 of 6
Rev. 1/9/08
20A-7
VII. ACCEPTANCE OF AGREEMENT
The Endowment reserves the right to withhold or suspend payments of grant funds if the Grantee
fails to comply strictly with any of the terms and conditions of this Agreement.
If this Agreement correctly sets forth your understanding and acceptance of the arrangements
made regarding this grant, please countersign and return to The Endowment.
Accepted on behalf of Santa Ana Police Department by:
?-3
Authorized Signature Date
CZ?s ? iqs
Printed Name
Title
'06 -':'1CQTY C
Agreed to and Ac nowledged on behalf of The Endowment:
Authorized Signature Date
Martin Zogg
Printed Name
Director of Monitoring & Compliance
Title
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO DORM
TER '? t.. kDD
Assistant C itN Attorney
CITY OF SANTA ANA, a municipal
Corporation of the State of California
DAVID N. REAM
City Manager
Agreement Restricted Project: Santa Ana Police Department - 20102189
Rev. 1/9/08
Page 6 of 6
20A-8
0
?o v
OD o
6 0
96 C
96 D
9 V 0
0 0
0 0
O CD
O y
V 0
N t}
V
69
to
669
9w
0
W
N
CO
N
O
O
{
A
r
M t° 00
It Cl
N
67
)
6
7
9 b
M
9
t0
ID
M
w
N
N O
N
d
rn
H
v
m
E
°
k 0
0 0
0 0
0 0
o
N0 0
d
cq
N
<
oO
N
0
0 N
T
w _0 W M
69 Lo
69 vi
< r
ID
t
0 '
F 69 ul? N N N N
10
}
0
co v
co 0
69 0
69 0
69 00 0 00 0 V N V 0061 00 0 ° w
N N T [O N O O T 6
9 fn.
6 00
V ? 6 b 9 ? -- b UD t
9 N
N
N
N
o
N
3
FO-
w
A
C
cOD N °o °o o° OO ? w ?
N N OO N O O < < T
co M
69 LO
69 V
N M T T
09 4A Vol w tO
N
i rc
i
O
co }}
W O
CO (°
V 0
69 0
In 0
C 0
O 0
O 0
O c
h o
N o
N O
ffl O
69 0
69 0
69 O
N O
N
co N OP N C %i N O O N N N
M O M N O
M
N
Lo
69
V
V?
M
T
P,:
T
n
<
69 W 69 69 T
N
K ?..,
N w /q
0
rn r
v
m
v
m
o
o ? o
co co
.0" 0
a 0 0 0 0 o O o
a
0O
N
o0
N
N o
°D 0
N 0
O 0
O u?
N N in
N W N
M
O
M
N
O
46
6699 e
e}?
b9
m N
T 69 69 fH 69 < M r r r,
H N N N N
}
o y
G
?N
d
?
y
w?
C 0 0
U
? C ID
W w
~
d
u ' a
LL LO ` a d ? m c
? ? `
Ln
W
v
e
o
?
o
c?
m N
l0
N o
Z
pV? ?p
N
.N- N
p7
C
UI N
N
m
F
G ,?3
N N an d ° o O
y
- T U U ? ? a .'s.
N E E > o
0 > ? U
3 3 w .
2 U ? v> ? 0 ? m v
5" 0 6 C o c
?
z
Z
C o
U E
v >
m
m E a a m to
o
W
O
n
. CU
r-- M
C
'
?
U
a
v
Q
O
U
C
a
d
( c L c O L O N
LL)
4 z ) 2 O
J L) 0 0 CL in U
20A-9
20A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AGREEMENTS WITH LEISURE CLASS
INSTRUCTORS AND APPROPRIATION
ADJUSTMENT
E /` fr?r
?-"--CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Martin Torres for Karate Do Kai instruction, extending the term one-year, and
adding $30,000 for next fiscal year, subject to non-substantive changes approved by the City
Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Choc Le for Tae Kwon Do instruction, extending the term one-year, and
adding $30,000 for next fiscal year, subject to non-substantive changes approved by the City
Attorney.
3. Approve an appropriation adjustment recognizing $70,000 in General Fund Leisure Classes
revenue account (account no. 01113002 53316) and appropriate same to the Recreation
Contract Services - Professional account (account no. 01113230 62300) to pay leisure class
instructors.
DISCUSSION
The Parks, Recreation and Community Services Agency Leisure Services Program offers low-cost
courses and activities to Santa Ana residents in the areas of Music and Dance, Arts, Nature and
Science, Equestrian and Aquatics, Sports, and other special interests. The quarterly Leisure Class
brochure has been instrumental in increasing the number of students registering for many classes.
Since last summer, the Parks, Recreation, and Community Services Agency has expanded the
Leisure Services Program to include 127 new recreational and educational classes.
20B-1
Leisure Class Agreements and AA
May 2, 2011
Page 2
Choc Le has been providing Tae Kwon Do classes for our Leisure Class Program since December
2000. Mr. Le provides four hours of instruction per week, with over 100 participants of all ages.
Classes are offered for beginner, intermediate, and advanced level for children and adults. This
ancient martial art develops self-defense techniques and skills that increase physical fitness,
motivation, and self esteem. This agreement amendment will provide $30,000 of programming
from July 1, 2011 through June 30, 2012.
Martin Torres has been providing Karate Do Kai instruction for our Leisure Class Program since
October 2003. Mr. Torres currently offers five classes for ages four years old to adult, four days a
week. He is averaging over 40 students per class. Karate Do Kai is a Japanese style martial arts
class that develops one's self-discipline, physical and mental attributes. Karate Do Kai encourages
children to become better students, teaches respect for one another, and encourages children to
make better decisions. This agreement amendment will provide $30,000 of programming from July
1, 2011 through June 30, 2012.
The Leisure Services Program is a revenue-generating program that uses registration fees to pay
for instructors and supplies. The number of leisure classes and the number of class registrations
has increased significantly this fiscal year. The attached appropriation adjustment will allow the
Parks, Recreation and Community Services Agency to continue paying leisure class instructors,
which generate revenue for the general fund.
FISCAL IMPACT
The appropriation adjustment will recognize $70,000 in General Fund Leisure Classes revenue
account (account no. 01113002 53316) and appropriate same to the Recreation Contract Services
- Professional account (account no. 01113230 62300) to pay leisure class instructors.
APPROVED AS TO FUNDS AND ACCOUNTS:
41uz?
Gerardo Mouet
Executive Director
Parks, Recreation, and Community Services
Agency
At v?,Z? k t, P ,?t 4- -
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
20B-2
EIGHTH AMENDMENT TO AGREEMENT
THIS EIGHTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and
entered into this 2nd day of May, 2011 by and between MARTIN TORRES, (hereinafter
"Provider"), and the City of Santa Ana, (hereinafter "City").
RECITALS:
The parties entered into Agreement N-2003-095, dated October 1, 2003, as amended
from time to time, (hereinafter the "Agreement") by which Provider has provided martial
arts instruction in the City's leisure program.
2. In accordance with the terms and conditions of said Agreement, the parties wish to
extend the term for an additional one-year period.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Amendment to
Recreation Services Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to read "Provided shall provide martial
arts instruction for the City's leisure class program, as set forth in Exhibit A-1, attached
hereto.
2. Section 2.a., COMPENSATION, shall be amended to increase total compensation available
by $30,000 to provide compensation for instruction during the 2011-2012 fiscal year.
Section 3, TERM, shall be amended to extend the termination date to June 30, 2012.
4. Except as herein amended, all terms and conditions of said Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment to
Recreation Services Agreement on the day and year first set forth above.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
PROVIDER:
MARTIN TORRES
20B-3
EXHIBIT A-1
SCOPE OF SERVICES
1. Consultant will prepare and instruct students in martial arts techniques, with an
emphasis on Karate.
2. Consultant will confer with City to set the time and location of the classes,
including days and hours of class and holidays to be observed. City retains the
right to preempt any class within 24 hours of the scheduled date and time,
however, City shall endeavor to provide ten (10) day notice of such preemption.
Instructor may reschedule any class so preempted.
3. Consultant will provide and be responsible for equipment, records, personnel and
clean up of the facilities and materials necessary to ensure the safety and
effectiveness of said instruction.
4. If Consultant allows others to teach his classes, those teachers must be over 21,
have obtained and maintain an instructor rating and be covered by Consultant's
insurance. Black-belt rated students may warm up beginning students, however,
Consultant must be present at all times.
CLASS SIZE REGISTRATION
1. The minimum number or participants is 5 per class, the maximum is 45.
2. No registration will be accepted after the second week of classes.
3. In the event the minimum number of enrollees is not realized by the second
meeting of the class, the class shall be canceled. Consultant will be under no
obligation to provide services and the City will have no obligations to pay
Consultant compensation.
FEES
1. Each participant shall pay a $30.00 class registration fee per monthly session.
Registration fee for two classes per week (4 times/week) is $50.00. Registration
fee for two or more family members - $25.00 per participant per class.
2. No refunds will be made to participants after the commencement of a session
unless the class is cancelled by the City.
3. The City shall collect registration fees from each participant during the
registration period. Consultant shall not collect fees, but shall refer all interested
participants to City for registration.
4. Consultant shall receive seventy per cent (70%) of the total fees collected each
month. City and Consultant agree that City shall retain thirty per cent (30%) of
the fees collected as an administration fee.
5. Consultant agrees that City is entitled to audit Consultant's records and classes to
insure compliance with this Agreement.
6. Consultant may not waive class participation/registration fees.
7. City shall prepare class rosters and provide a copy to Consultant. Only registered
participants may participate in class.
20B-4
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO RECREATION SERVICES AGREEMENT is
made and entered into this 2"d day of May, 2011 by and between CHOC V. LE,
(hereinafter "Provider"), and the City of Santa Ana, (hereinafter "City").
RECITALS:
The parties entered into Agreement N-2009-071, dated June 3, 2009, as amended from
time to time, (hereinafter the "Agreement") by which Provider has provided martial arts
instruction, with an emphasis on Tae Kwan Do, in the City's leisure program.
In accordance with the terms and conditions of said Agreement, the parties wish to
extend the term for an additional one-year period.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Recreation Services Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be amended to increase total compensation available
by $30,000 to provide compensation for instruction during the 2011-2012 fiscal year.
2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2012.
3. Except as herein amended, all terms and conditions of said Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Recreation Services Agreement on the day and year first set forth above.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
PROVIDER:
CHOC V. LE
20B-5
20B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
CONTRACT RENEWALTO
BOUND TREE MEDICAL FOR
PARAMEDIC SUPPLIES & GLOVES
(SPEC. NO. 07-103)
-CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2°d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Bound Tree Medical for paramedic supplies for the Fire Department and
gloves for the Police Department; for a one-year period in an annual amount not to exceed
$217,200.
DISCUSSION
The Fire Department's Paramedic Division provides emergency paramedic services throughout
the City of Santa Ana. Currently, eight paramedic units are in service on a daily basis and utilize
supplies such as general first aid, IV solutions, OB delivery kits, bandages, needles, splints,
medical tapes, gauze, burn packs, ice packs, breathing treatment supplies etc. Engine crews
also carry general first aid supplies for limited treatments in the field. Paramedic supplies are
purchased for such needs, and patients are billed when services are rendered. In addition to
paramedic supplies, the Police Department's Jail Facility and Forensics Lab will order latex
gloves for use during daily operations.
On April 7, 2008, the City Council awarded a contract to Bound Tree Medical for a three-year
period with provision for two one-year renewals. Bound Tree Medical has performed satisfactorily
during the past contract period and has agreed to renew the contract without an increase in
pricing. Staff recommends the first renewal of the contract.
22A-1
Contract Renewal for Paramedic Supplies
May 2, 2011
Page 2
FISCAL IMPACT
Funds are available in the Fire Suppression Emergency Medical Services account (no.
01115330 63001), Police Detention Services account (no. 01114475 63001) and Police
Criminals Unit account (no. 01114455 63001).
APPROVED AS TO FUNDS AND ACCOUNTS:
David Thomas
Fire Chief
Fire Department
Francisco Gutierrez ,
Executive Director
Finance & Mgt. Services Agency
Paul M. Walters
Chief of Police
Police Department
EG
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
CONTRACT RENEWALS FOR
TONER & CARTRIDGE SUPPLIES
(SPEC. NO.09-012)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contracts for toner cartridges and supplies for a one-year period in a total annual
aggregate amount not to exceed $120,000 with:
Vendor: Location:
Office Depot Signal Hill
Staples Technology Solutions Poway
DISCUSSION
The City of Santa Ana utilizes copiers and printers throughout the organization, necessitating the
purchase of a variety of toner cartridges. Currently the City purchases over 200 different cartridges
ranging in value of $22 for small ink jet printers to $365 for color laser printers. The estimated cost of
replacing toner cartridges and toner supplies for the next year is $120,000.
On April 6, 2009, the City Council awarded a contract to three vendors for toner cartridges and
supplies. Office Depot and Staples Technology Solutions have performed satisfactorily during the
past contract period and have agreed to renew the contracts at the same rate structure. The
aggregate annual amount of $120,000 is based upon past usage and staff projections for this
contract period. Staff recommends the final renewal of the contract.
FISCAL IMPACT
Funds are available in the various departmental Operating Materials and Supplies accounts (63001).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency`--
sh
22B-1
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
CONTRACT AWARD TO LONG BEACH
BMW MOTORCYCLES FOR POLICE
MOTORCYCLES
(SPEC. NO. 1-024)
C,,,CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to Long Beach BMW Motorcycles for the purchase of five police equipped
motorcycles in an amount not to exceed $112,797.62 and increase the aggregate limit for
miscellaneous parts and repairs in an amount not to exceed $10,000 annually.
DISCUSSION
The Finance and Management Services Agency manages the annual Vehicle Replacement Program.
Funding is monitored through a depreciation schedule established with each department or
departmental funding is provided. The Police Department's Traffic Division uses specially equipped
motorcycles for traffic patrol. The motorcycle replacement program guidelines require motorcycles
with over 60,000 miles or 3 years old to be replaced, as maintenance costs increase dramatically at
this milestone. The fleet of 34 motorcycles is used by the 27 officers allocated to motors, with the
remaining used for training purposes and for back up when a motorcycle is in for repair.
On June 1, 2009, City Council awarded a contract to Long Beach BMW for the purchase of three
police equipped BMW motorcycles. The vendor has offered to extend the same terms and
conditions for five additional new police equipped BMW motorcycles to replace two 2003 and three
2004 units with mileage in excess of 60,000 miles per motorcycle.
Additionally, Long Beach BMW provides miscellaneous motorcycle parts and repair. The purchase of
five new motorcycles, when combined with previous purchases by FMSA during the current fiscal
year, exceeds the $25,000 aggregate limit. In order to facilitate future purchases of parts, staff
recommends an increase to the aggregate limit.
22C-1
Contract Award for Police Motorcycles
May 2, 2011
Page 2
FISCAL IMPACT
Funds are available in the Fleet Maintenance Machinery & Equipment account (no.07510101-66400)
and Maintenance & Repair Machinery & Equipment account (no. 07510100-62322).
Paul M. Walters
Chief of Police
KM
APPROVED AS TO FUNDS AND ACCOUNTS:
t, !L S4 r A --% ?t? ;:A ,
Francisco Gutierrez J
Executive Director
Finance & Management Services Agency
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
CONTRACT AWARD FOR CENTENNIAL
PARK RESTROOM ROOF
REPLACEMENT (PROJECT NO. 107558)
I MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Signature Contractors, the lowest responsible bidder, in accordance with
unit bid prices in the estimated amount of $113,677.20 for replacement of the Centennial Park
Restroom Roof.
2. Approve a Funding Analysis with a total estimated construction cost of $138,071.
DISCUSSION
The existing restroom facilities at Centennial Park were constructed over 25 years ago and have
slowly deteriorated due to the adverse effect of weather and age (Exhibit 1). Funding is now
available to renovate the exterior of the facilities, which will include removing the existing wood roof
and columns and replacing them with a new metal roof and concrete columns, and installation of
new exterior security lighting. Once completed, the new restroom metal roof and concrete columns
will match the picnic shelters throughout Centennial Park and the added lighting will increase the
safety of the area.
The Notice Inviting Bids was advertised on March 25 and 26, 2011 and bids were opened on April
12, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 12
Contractors requesting bidding documents: 10
Bids received: 6
Bids received from Santa Ana Contractors: 0
23A-1
Contract Award For Centennial Park
Restroom Roof Replacement
May 2, 2011
Page 2
NAME OF RESPONSIVE BIDDER CITY BID AMOUNT
1. Signature Contractors Laguna Niguel $113,677.20
2. Lehman Construction, Inc. Tustin $123,497.00
3. Fleming Environmental, Inc. Fullerton $128,340.00
4. Vido Samarzich, Inc. Alta Loma $130,400.00
5. Best Contracting Services, Inc. Gardena $133,595.20
6. Unique Performance Construction, Inc. Costa Mesa $135,400.00
While the City sent out the Notice Inviting Bids to Santa Ana contractors, no contractors from Santa
Ana submitted bids. A survey was taken from randomly selected contractors. These companies did
not submit a bid because they are currently busy with too many projects or because they can't get
bonds.
Six bids were received and all were responsive. The lowest bid was submitted by Signature
Contractors for $113,677.20, which is below the Engineer's estimate of $123,500.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
future review. Categorical Exemption Environmental Review No. 2010-49 will be filed for the
project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been
prepared in accordance with the National Environmental Policy Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $138,071 for the project
(Exhibit 2). Funds are available in the Community Development Block Grant Funds (accounting
unit 13518783-66220).
Raul Godinez II Gerardo Mouet
Executive Direct r Executive Director
Public Works Agency Parks, Recreation and Community Services
23A-2
Contract Award For Centennial Park
Restroom Roof Replacement
May 2, 2011
Page 3
"h a4/1 X
Nancy T. E ards
Interim Executive Director
Community Development Agency
RGNVA
Exhibit 1: Project Location Map
2: Funding Analysis
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
23A-3
23A-4
0
EDINGER AVE.
nI
C? of mill, mull uii iiiiiiiiii
u? i ui ilHll iu J - or nm n m_
C ?
i r - -
LAKE
LAKE
it
* RESTROOM LOCATION
EXHIBIT 1
SANTA ANA
P
%/?11
PUBLIC WORKS AGENCY
CITY COUNCIL
AGENDA
DATE:
MAY 2, 2011
PROJECT 107558
CENTENNIAL PARK RESTROOM
ROOF REPLACEMENT
i
?,
23A-6
FUNDING ANALYSIS
PROJECT NO. 107558
CENTENNIAL PARK RESTROOM ROOF REPLACEMENT
Construction Contract
Inspection and Testing
Contingencies
$113,677
$3,934
$20,460
TOTAL ESTIMATED CONSTRUCTION COSTS 138 071
Exhibit 2
23A-7
23A-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AGREEMENT WITH GOVERNMENT
TRAINING INSTITUTE, INC. TO
CONDUCT THE IMMEDIATE ACTION
TEAM COURSE PROGRAM
L: CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager or Chief of Police to execute the attached agreement with
Government Training Institute, Inc., to provide the Immediate Action Team Course to first
responders in the Urban Area in an amount not to exceed $180,000, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security developed the Urban Areas Security
Initiative (UASI) funding program. UASI provides funds to local emergency first responders to
enhance security and overall preparedness to prevent, respond to, and recover from acts of
terrorism. The grant specifically provides funding for anti-terrorism equipment, planning, training,
and exercises. The City of Santa Ana has fiscal responsibility for the FY09 UASI grant for the
Anaheim/ Santa Ana Urban Area which encompasses the 34 jurisdictions in Orange County.
The grant calls for training that will allow first responders to more effectively respond during
crises and critical incidents. The Immediate Action Team Course provides law enforcement
officers with proven tactics and techniques in dealing with active shooters and terrorist
incidences.
FISCAL IMPACT
Funds are available in the FY 2009 UASI
account (no.12514407-62300-10425501187)
No. 2009-042.
Grant Program through Project H - Training fund
as approved by the City Council with Resolution
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
v?
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
Exhibit: Agreement
25A-1
25A-2
THIS AGREEMENT, made and entered into this 2nd day of May, 2011 by and between
Government Training Institute, Inc., an Idaho corporation, (hereinafter "Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. City, acting through the Santa Ana Police Department in its capacity as a Core City and
lead agency for the Anaheim / Santa Ana Urban Area under the FY09 Urban Areas
Security Initiative ("UASI"), has applied for, received and accepted a grant from the
Federal Department of Homeland Security and through the State of California,
Emergency Management Agency. Said grant will enhance countywide emergency
preparedness to prevent, respond to, recover from acts of terrorism by providing
funding for equipment, planning, training, exercises and technical assistance,
hereinafter referred to as "the Grant."
B. The City desires to contract with an expert in the field of tactical response to
violence and terrorism in the school setting.
C. Consultant represents that it has the necessary skills and experience to provide the
training course providing law enforcement officers with proven tactics and
techniques for first responders dealing with an active shooter and terrorist
incidences.
D. Consultant has submitted a Proposal which identifies the scope, tasks and general time
lines for providing the services and the costs thereof.
E. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide Immediate Action Teams Class #ID-004-RESP in accordance
with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. All
services required hereunder shall conform in all respects to standards for such training issued by
the U. S. Department of Homeland Security. The parties anticipate that additional training may
be planned and executed during the term of this Agreement. The City Manager and Chief of
Police for the City of Santa Ana are hereby authorized to approve such additional training, in
writing, as they determine will fulfill the objectives of the Grant.
Page 1 of 9
25A-3
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement
shall not exceed $180,000 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City
accounting procedures. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals that may reasonably be expected by City.
3. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed to between the parties that all documents, outlines,
materials distributed during classes, and any other written papers or materials prepared for the
presentations hereunder, paid for with Grant funds, or composed utilizing information provided
by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon
completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such
property for its own business purposes so long as such use is not contrary to the interests of Santa
Ana.
4. TERM
This Agreement shall commence on the date first written above and terminate on
satisfactory completion of all training and submission of required evaluation and After Action
Reports to the City, which the parties agree should be substantially complete on or before
March 30, 2012.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
Page 2 of 9
25A-4
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting there from and damage to property,
resulting from any covered act or occurrence arising out of Consultant's operations in the
performance of this Agreement. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting there
from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall
supply City with a fully executed additional insured endorsement to be approved in form by the
City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. Professional Liability Insurance. If Consultant is or employs a licensed professional
such as an architect or engineer, Consultant shall provide professional liability (errors and
omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not
less than $2,000,000 annual aggregate.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled without
thirty (30) days prior written notice to the City. Ten (10) days notice if
cancellation is due to non-payment of premium.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and special counsel from liability for personal injury, or just compensation, arising
out of claims for personal injury, including health, and claims for property damage, to the extent
they arise from the negligent or willful misconduct in the performance of operations or errors or
omissions of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement.
Page 3 of 9
25A-5
Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique
to the act, and the actions that may be taken in controlling, preventing or suppressing acts of
terrorism are unique to the act, Consultant is not responsible to City for designing or advising on
or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any
action which may be taken in controlling, preventing, suppressing or in any way relating to an act
of terrorism.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
Santa Ana Police Department
UASI / Homeland Security Division
Page 4 of 9
25A-6
60 Civic Center Plaza
P.O. Box 1981 (M-97)
Santa Ana, California 92702
Telefacsimile (714) 245-8745
Attn: Enrique Esparza
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile (714) 647-6515
To Consultant: Government Training Institute
Research Training Consult
25 E. Fairview Ave., Suite #215A
Meridian, ID 83642
Telephone (866) 938-5510
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
Page 5 of 9
25A-7
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ma and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
Page 6 of 9
25A-8
17. CONSULTANT CERTIFICATIONS/FEDERAL REQUIREMENTS
a. Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency and/or their duly
authorized representatives for a period of three (3) years from the termination of this Agreement.
For a period of three years after final delivery hereunder or until all claims related
to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain
all documents, papers and records relevant to the services provided in accordance with this
Agreement, including the Attachments hereto. For the same time period, Consultant shall make
said documents, papers and records available to City and the agency from which City received
grant funds or their duly authorized representative(s), for examination, copying, or mechanical
reproduction on or off the premises of Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to
provide to the agency from which City received grant funds or other persons or agencies.
C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act
shall be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
e. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act."
f. Civil Rights Compliance and Notification of Findings - Consultant will comply,
and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended;
Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State
administrative agency, or the Consultant makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the Consultant will forward a copy of the findings to the City which will, in
Page 7 of 9
25A-9
turn, submit the fmdings to the Office of Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
g. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
h. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3), as applicable.
i. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5), as applicable.
J. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as
applicable.
k. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act
(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable.
1. Consultant will comply, and all its contractors (or subrecipients) will comply, with
all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53
FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable.
in. Consultant, and all of its contractors (or subrecipients), shall retain all required
records for three years after grantees or subgrantees make final payments and all other pending
matters are closed.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
Page 8 of 9
25A-10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
CITY OF SANTA ANA, a municipal
Corporation of the State of California
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
By:
Teresa L. Judd
Assistant City Attorney
DAVID N. REAM
City Manager
GOVERNMENT TRAINING INSTITUTE
Tax ID#
Page 9 of 9
25A-11
EXHIBIT A
25A-12
Government Training Institute/ Course Proposal
Santa Ana Police
1 Rosa Ponce de Leon
'` a ? v 714.245.8672 F&
Proposal for (Immediate Action Teams-
4 Sessions)
__
Santa Ana will provide: Each session will need the following
1. Classroom with computer and projector 2 days) 2. Standard Outdoor Range 2 days)
Building (s) where we can utilize Simunition training (6 days) 4. If possible, abandoned houses
For exercises
280 rifle rds/ 250 handgun rds per officer for range day
GTI will provide 1 Instructor, Student Notebooks, Student Manuals on CD, Certificates, Simunition
man marking rounds for all practical exercises
This proposal is based on up to 60 students for each session of the Immediate Action Teams/ The Active
Shooter class in a mobile training format to Santa Ana, California. Proposal price includes student tuition and
all Government Training Institute expenses such as shipping and instructor travel costs. There will be 4
sessions, consisting of two three day classes each, with thirty officers per each class. Proposal price will
remain unaffected if less than sixty students attend each session.
Class Dates: Session 1: May 5-71& May 9-11` 2011; Session 2: July 14-16` & July 18-20` 2011;
Session 3: September 8-10-'& September 12-14` 2011; Session 4: TBD
The Government Training Institute's Immediate Action Team Course covers 14 separate modules in 3 days, each a 10
hour day. Students learn proven tactics and techniques for smaller first responder elements in dealing with an active
shooter and the initial response to a terrorist incident. Students have daily practical exercises as well as instruction
throughout the 3 day curriculum. The IAT course gives students instruction and practical application in the followin
g
tactical training:
? Officers will learn proven tactical shooting shills during range sessions and force on force scenarios.
? The student will learn the difference between the traditional response and the acceptable response to an
active shooter situation along with initial response to terrorist situations.
? The student will learn the proper techniques and shills needed to respond to an active shooter and terr
ri
t
o
s
situation.
? Officers will become familiarized with current thoughts on the Priority of Life and the differences surrounding
traditional and acceptable responses.
? Officers will be provided with a CE) that covers the material taught as well as detailed information on past
terrorism/active shooter incidents, the Siege of Beslan, Columbine;,and?bther active shooter incidences.
To acce t proposed trainin ,' lease contact our GTI,representative:
F ? $180,000 Proposal for up to 240 students
q , .•?r o
}Pe y i y; Al?.c Sarrazolla ` alcc@gtitraining.org
.:..
. .a.. .
If training proposal is accepted, training dates must be pre -approved by GTI a minimum of 1 month in
advance, unless otherwise s ecified above.
Government Training Institute- Boise, Denmark,
(866)938-5510 Fax: 0:
25A-13
25A-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
SETTLEMENT AGREEMENTS FOR
BRISTOL STREET CORRIDOR
(PROJECT NO. 116744)
r
Wr-CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreements subject
to nonsubstantive changes approved by the City Manager and City Attorney
• Raymond G. Mori, tenant of the property located at 1631 North Bristol Street, Suite 302, in
the amount of $20,830.
• Diet Clinic NN Medical located at 1631 North Bristol Street, Suite 308, in the amount of
$14,000.
DISCUSSION
On March 6, 2006, the City Council approved the cooperative agreement between the City and the
Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue
to Seventeenth Street. The first phase of the project (between Pine Street and McFadden Avenue)
was completed in April 2011. The Public Works Agency is acquiring property for the second
phase of the project (between Third Street and Civic Center Drive) and for the intersection at
Bristol Street and Seventeenth Street.
To accommodate the widening of the intersection, acquisition of the entire property at 1631 North
Bristol for is required (Exhibit 1). This acquisition also necessitates the relocation of all the tenants
in the building. Raymond G. Mori, the tenant in Suite 302, and Diet Clinic NN Medical, the tenant in
Suite 308, operate their business in this building. They have agreed to the settlement amounts for
the relocation of their businesses (Exhibit 2).
25B-1
Settlement Agreements For
Bristol Street Corridor
May 2, 2011
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Environmental Impact
Report/Environmental Impact Assessment No. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661-66100).
APPROVED AS TO FUNDS AND ACCOUNTS:
Rau odinez II Francisco Gutierrez rp
Executive Director Executive Director
Public Works Age y Finance & Management Services Agency
RG/SA
Exhibit 1: Location map
Exhibit 2: Agreements
25B-2
NTS
I I
I
-------------?
I I
I
I
I
-----------------? I
I
I 1
1II I
LEGEND
® SUBJECT PROPERTY
%TH STREET ?- -
t -T -I
I I I I I I
I I I I I I
j I I
I
I ? I
I ? I
I I
I ? I
17TH STREET
l
w
I?
I ?L
I
J
o
r
I
W
EXHIBIT 1
I I
-----
------- I?
I
I
I
I I
I
I----------------
-------
----
------
- -------
I I I
-----------4------
-------
I ------ I
------I I
- -
SANTA ANA
CITY COUNCIL SETTLEMENT AGREEMENT FOR
AGENDA DATE
P? BRISTOL STREET CORRIDOR
P? WORKS ?EN MAY 2, 20r (PROJECT NO. 116744)
SANTA ANA
25B-4
EXHIBIT 2
ALL INCLUSIVE SETTLEMENT AGREEMENT
This Agreement ("Agreement") is made by and between the City of Santa Ana, a charter
city and municipal corporation duly organized and existing under the Constitution and laws of
the State of California ("City") and Raymond G. Mori ("Tenant"). The City and Tenant are
hereinafter sometimes referred collectively as the "Parties." The Effective Date of this
Agreement shall be , 201.1, the date on which the Agreement has been fully
executed by the City and Tenant.
RECITALS
A. Tenant operates a business, commonly known as Raymond G. Mori, Attorney at
Law, located at 1631 N. Bristol Street, Suite 302, Santa Ana, CA 92706 (the
"Property").
B. The City is in the process of purchasing the Property for the Bristol Street Widening
Project. As a result of the City's acquisition, the Tenant will be displaced from the
Property.
C. The Parties desire to resolve all issues relating to the City's acquisition of the
Property in accordance with the terms and conditions set forth below.
D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other
consideration given in connection with this Agreement are the result of a compromise
and settlement of disputed claims, and shall never, at any time or for any purpose,
be considered an admission of liability or responsibility on the part of any of the
parties herein released.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants hereinafter set forth, it is hereby agreed by and among the Parties that:
1. Consideration
(a) The City shall pay to Tenant the sum of $20,830.00 (Twenty Thousand Eight
Hundred Thirty Dollars) (Tenant Settlement Payment) as total compensation for
relocation assistance and any and all related expenses and claims as more fully
described in paragraph 1(b) below. Upon full execution of this Agreement, the
City will begin processing an initial payment, payable to Tenant, in the amount of
$10,000.00. The City will make the final payment to Tenant in the amount of
$10,830.00 after Tenant vacates the Property, signs a Certificate of
Abandonment, provides all keys to the Property to the City or to the City's
relocation consultant, and provides written verification that all hazardous
materials have been legally and properly moved.
(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above
constitutes full satisfaction of any and all obligations of the City to Tenant,
including, without limitation, any obligations for relocation assistance, relocation
benefits, moving expenses, interest of any kind in the real estate and leasehold,
loss of business goodwill, compensation for personal property (loss of inventory),
furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
damages of any nature.
1 of 7
25B-5
(c) Tenant agrees to vacate the Property on or before June 1, 2011 ("Vacate Date").
(d) Tenant hereby agrees that City may remove and dispose of any personal
property or trash that has not been moved upon the Vacate Date, as it elects and
desires, without any notice to Tenant.
(e) Payment will be made for Relocation Expenses in the amount of $20,000.00.
(f) Payment will be made for leasehold, loss of business goodwill and immovable
furniture, fixtures and equipment in the amount of $830.00.
2. Release
(a) Nothing contained herein shall constitute a release or discharge by either party
for any of the undertakings of the other party to this Settlement Agreement. This
Agreement shall serve as a full release and discharge by the Parties, on behalf of
themselves, their agents, representatives, assigns, trustees, administrators,
attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
interest, in consideration of the mutual covenants and promises contained herein,
of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
and those parties' accountants, other professionals, agents, representatives,
assigns, employees, administrators, trustees, insurers, attorneys, heirs,
beneficiaries, and successors in interest (collectively the "Released Parties"),
from all rights, claims or cross-claims, demands, actions, or causes of action,
including those for damages, compensation, relocation assistance, relocation
benefits, loss of goodwill, property interest, compensation for personal property
(loss of inventory), furniture, fixtures and equipment, punitive damages, interest,
costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by
way of writ of mandate, or for demands, damages, refunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
causes of action of whatever kind, at law or in equity, that the Parties have now
or may have against any of the Released Parties arising from the facts and
circumstances described in this Agreement including but not limited to (1) the
acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in
the Property (or any portion thereof) or (3) any other right or interest Tenant may
have, assert, or claim by reason of City's actions or failure to act, including, but
not limited to, any claim to relocation assistance, relocation benefits or
compensation for property or loss of goodwill from the City.
(b) In making this release, the Parties intend to and do release, acquit and discharge
the Released Parties, and each of them, from any liability of any nature
whatsoever for any claim, injury, damages, or equitable or declaratory relief of
any kind, whether the claim, or any facts on which such claim might be based, is
known or unknown to the party possessing the claim. Each party expressly
acknowledges and waives any and all rights under Section 1542 of the California
Civil Code, which the Parties understand provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his/her favor at the time of executing the release, which if
known by him/her must have materially affected his/her settlement with the
debtor.
25B -6
Each party acknowledges the foregoing waiver of the provisions of California
Civil Code Section 1542 was separately bargained for and expressly consents
that this Agreement shall be given full force and effect in accordance with each
and all of its express terms and provisions, including those terms and provisions
relating to unknown or unsuspected claims, demands and causes of action, if
any, to the same effect as those terms and provisions relating to any other
claims, demands and causes of action herein above specified.
(c) Each party acknowledges that it may hereafter discover facts or law different
from or in addition to those which it now believes to be true with respect to the
release of claims. Each party agrees that the foregoing release shall be and
remain effective in all respects notwithstanding such different or additional facts
or law or any party's discovery thereof. The Parties shall not be entitled to any
relief in connection therewith, including, but not limited to, any damages or any
right or claim to set aside or rescind this Agreement.
(d) None of the Parties or their respective agents nor any related entities have made
any statement or presentation to the other regarding any fact relied upon in
entering into this Agreement and the Parties, and each of them, expressly do not
rely upon any statement, representation or promise of any other party or any
party's agent or related entities in executing this Agreement, except as is
expressly set forth herein. Each of the Parties has made such investigation of
the facts and law pertaining to the subject matter of this Agreement as it deems
necessary, and has consulted with legal counsel of its own choosing concerning
these matters.
(e) Tenant hereby represents and warrants as of the Effective Date of this
Agreement that (1) to its actual knowledge, no other entity or person has any
right, title, or interest whatsoever in the released claims, and (2) that there has
been no assignment, transfer, conveyance or other disposition by Tenant of any
of the released claims, and that Tenant will not make any such assignment,
transfer, conveyance or other disposition subsequent to the Effective Date of this
Agreement. Tenant acknowledges that the Authority has relied and is relying
upon such representations and warranties in entering into this Agreement.
(f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or
representatives from any claims that may arise from Tenant's nondisclosure of
any other interests in the Property or personal property referenced by this
agreement.
(g) This Agreement represents a settlement of doubtful and disputed claims between
the Parties and does not constitute any admission of liability by either party to the
other party to this Agreement. City has delivered to Owner an offer to purchase
the Property under threat of eminent domain pursuant to Government Code
Section 7267.2. Tenant and City now wish to enter into this Agreement in lieu of
eminent domain proceedings.
I Third Party Beneficiaries
Except as explicitly set forth herein, nothing in this Agreement is intended to create any
third party beneficiaries under this Agreement, and no person or entity other than
Authority and Tenant shall be authorized to enforce the provisions of this Agreement.
3 of 7
25B-7
4. Attorney's Fees
In the event of litigation relating to or arising out of this Agreement, the prevailing party
shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs
and expenses incurred thereby, including, but not limited to reasonable attorney's fees
and costs for services rendered to such prevailing party.
5. Indemnity
Each party shall indemnify, defend and hold the other party and the Released Parties
harmless from and against any claims, damages, demands, liabilities, losses,
judgments, expenses and attorney's fees and/or costs resulting from the breach by such
indemnifying party of any provision of this Agreement, the falsity of any representation or
warranty made by the indemnifying party contained in this Agreement.
6. Entire Agreement
This Agreement together contains the entire Agreement of the Parties, and supersedes
any prior written or oral agreements between them, concerning the subject matter of this
Agreement.
7. Partial Invalidity
In the event that any term, covenant, condition or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shall continue in full force and effect.
8. Waiver and/or Modification
The provisions of this Agreement may not be waived, altered, amended or repealed, in
whole or in part, except upon a written agreement signed by each of the Parties. The
waiver by one party of the performance of any provisions of this Agreement shall not
invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof.
8. Headings
The headings, subheadings and numbering of the different paragraphs of this
Agreement are inserted for convenience and for reference only and shall not be
considered for any purpose in construing this Agreement.
9. Governing Law
The rights and obligations of the Parties under this Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, this Agreement shall
inure to the benefit of, and shall be binding upon, the assigns, successors in interest,
personal representatives, executors, estates, heirs, legatees, agents and related entities
of each of the Parties.
4of7
25B-8
11. Necessary Acts
Each of the Parties agrees to perform such further acts, and execute and deliver such
further documents, as may be reasonably necessary to carry out the provisions of this
Agreement.
12. Advise of Counsel
The Parties, and each of the, acknowledge that in connection with the negotiations and
execution of this Agreement, they have each been represented by independent counsel
of their own choosing and the Parties executed the Agreement after review by such
independent counsel; or, if they were not so represented, said non-representation is and
was the voluntary, intelligent and informed decision and election of the party not so
represented; and, prior to executing the Agreement, each party has had an adequate
opportunity to conduct an independent investigation of all the facts and circumstances
with respect to the matters which are the subject of this Agreement including but not
limited to the advisability of entering into this Agreement and the meaning of California
Civil Code Section 1542.
13. Authority to Execute This Agreement
Each person executing this Agreement on behalf of an entity represents that he or she is
authorized to execute this Agreement on behalf of that entity and to bind that entity to
the terms of this Agreement.
14. Construction
Each party has cooperated in the drafting and preparation of this Agreement. In any
construction to be made of this Agreement, or of any of its terms and provisions, the
same shall not be construed against any party.
15. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original and, when taken together with other signed counterparts, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
16. Voluntary Agreement
The Parties, and each of them, further represent and declare that they have carefully
read this Agreement and know the contents thereof, and that they sign the same freely
and voluntarily.
17. Notices
All notices, requests, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall either be delivered personally or
be sent by telegram or by regular or certified first class mail, postage prepaid, deposited
in the United States mail, and properly addressed to the party at its address set forth
below, or at any other address that such party may designate by written notice to the
other party:
5of7
25B-9
To City: Souri Amirani
Deputy City Engineer
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, California 92701
To Tenant: Raymond G. Mori, Attorney at Law
1631 N. Bristol #302
Santa Ana, CA 92706
18. Jurisdiction and Venue
Any action or proceeding concerning this Agreement shall be filed and prosecuted in the
appropriate California court in the County of Orange, California. Each party hereto
irrevocably consents to the personal jurisdiction of the court. The Parties each hereby
expressly waive the benefit of any provision of law providing for a change of venue to
any other court, including, without limitation, federal court, due to any diversity of
citizenship between the Parties or due to the fact that either the Authority is a party to
such action or proceeding. Without limiting the generality of the foregoing, the Parties
specifically waive any rights provided to it pursuant to California Code of Civil Procedure
Section 394 or other state or federal statutes or judicial decisions of similar effect.
6 of 7
25B-10
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the
date first written above.
TENANT:
BY: !
Ray and G. Mori
Dated q/S11 I
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Dated
Dated
BY: Dated
Jose Sandoval
Managing Senior Assistant City Attorney
7 of 7
25B-11
F Claim for Fixed Payment in Lieu of Actual Moving and Related Expenses
Nonpro
Business, Organizations Operations
fit
INSTRUCTIONS: This claim is for the use ordisplaceJ businesses, nonprofit
un,Uamans.:md from npe,atmns that sash to apply for a Fi-I Payment in Lieu or
Actual Moving Expenses raU:cf than apply for .Actual Moving Bitenses. The Agency: City of Santa Ana
minimum fixed payment is S 1,000 00, the nummtun fired payment is 5:0,000.00.
The Agency trill captain the difference: between the nco paymerts. lryou are
eligible to 6imw zither payment, the .Agency representative will kelp you determine Protect: Bristol Street Widening Project
U hich is most advNUacasus. and will help you complete the form. 11 the full amount
of your claun is not approved, the Agency q ill provide you with am riuen explanation
of the reason If you are net satisfied w ah the Agency's determination, you may Cage #' STA-036-01631-302
appeal Utat dttermmanon. The ASency will explain how to make an appeal. This
ti
b
ll
h
h
i
y
f
h
if
R
l
i
f
i
i
d
d
U
eing co
ecte
un
er t
e aut
or
t
o
t
e
orm
e
oca
on
n
ormat
on
s
n
Assistance and Real Prapaty policies Act (URA) and'er California Relocation Program Rules: OPC Claim Serial Number:
Assistance acs.
[ ] Federal [X] State [ )Other LG1302
SECTION A: GENERAL
1. Name Under Which Claimant Conducts Operations- 2. Name, Title and Phone # of Person Filing Claim on Behalf of Claimant:
Raymond G. Mori - Law Office Raymond G. Mori -Attorney - 714/542-3966
3a. Address From Which Claimant Moved: 3b. Date First Occupied: 3c. Date Move Started:
1631 N. Bristol, Ste. 302, Santa Ana 92706 1/111996 Pending
4a. Address to Which Claimant Moved: 4b. Date Move Completed: 5. Is This a Final Claim?
Pending Pending [x] Yes [ ] No
6. Type of Operation (Check One): 7. Type of Ownership (Check One):
[xJ Business [ ] Farm Operation [ J Nonprofit Operation [x] Sole Propriet. [ ] Corporation ( ) Partnership [ ] Nonprofit Org.
8. Computation of Payment
ITEM AMOUNT CLAIMED 1n):?I;1?1 ?E(u?Yd?) ; ?)tti ,',
(1) Amount from Line (3), (6), (9) or (12) of Section E on reverse.
(if less than $1,000 enter $1,000, if more than $20,000 enter $20,000) $20,000.00
(2) Amount Previously Received for Expenses Claimed Here (if any)
(3) Amount Requeted (Line (1) minus Line (2)) $20,000.00
9. Certification by Claimant(s)
Warrning: If you knowingly or deliberately make false statements on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United States Coda. In
addition, you may not receive any of the amounts claimed on this forth. I CERTIFY that this claim and supporting information are true and complete, that 1 have not submitted any other
claim for the expenses listed, and that I have not boon paid for the expenses by any other source. My choice of type of payment was made on the basis of full explanation by the displacing
Agency ropresentative the difference between the two typos of payment available and the eligibility requirements foreach.
Signature(s) of Claima
t(s) or Claimant(s) Agent): Title (Type or Print): Dale:
n
1, fV1---? Rc, rti..t}? C Rov_i 4f /-S
FOR AGENCY USE ONLY
Payment Action: Amount of Payment: Signature: Name (Type or Print). Dale:
10. Recommended $20,000.00 t ? Michele Folk 4/412011
PrincipalNice President
11. Approved $20,000.00
overland, Pacific A Cutter, Inc. Page t of2
25B-1 2 =BC-05 (4/O4)
SECTION B: Name and Address or Other Establishments Operated By or Affiliated With Business or Nonprofit Organization (if None, type "None")
Name:
None Address: Type of Business or Activity:
SECTION C: Gross Receipts Determination for Business or Farm Operations
ITEM BASE PERIOD
r Gr
R
i
l
R
d All
nc
s
G
t
S
L
t Year:2008 Year:2009 Average:
ross
p
s o
urns an
owa
e
ece
oss
a
es,
ess
e $225,784.00 $169,767.00 $197,775.50
SECTION D: General Tax Information (NOT to be completed by Nonprofit Organizations)
Name(s) Used on Income Tax Return(s) Tax Returns Filed with Director of Internal Revenue In:
Raymond G. Mori YEAR CITY STATE
Employer Identification Number(s) Shown on Tax Return(s)
68-0078287
2008
Santa Ana
CA
Principal Business Activity Type Reported on Tax Retum(s)
Law Office
2009
Santa Ana
CA
SECTION E: Computation of Average Net Earnings or Net Revenues for Base Period
ITEM (com
lete a
riate table)
ro BASE PERIOD
p
pp
p I Year: 2008 Year: 2009 Average:
TABLE 1: INDIVIDUAL OR SOLE PROPRIETOR (Relates to IRS Form 1040)
(1) Net Profit (or Loss) Before Taxes from IRS Form 1040 $194,079.00 $139,867.00
(2) Compensation Paid to Owner, Owners Spouse and Dependents
(List names and amounts in Remarks)
(3) Net Earnings (Add lines (1) and (2) $194,079.00 $139,867.00 $166,973.00
TABLE II: CORPORATION (Relates to IRS Form 1120 or 11205)
(4) Taxable Income (form 1120) or Ordinary Income (form 1120-S)
(5) Compensation Paid to Principal Stockholders, Their Spouses and Dependents
(List names and amounts in Remarks)
(6) Net Earnings (Add lines (4) and (5)) ;0.00 $0,00 $0.00
TABLE III: PARTNERSHIP (Relates to IRS Form (1065)
(7) Ordinary Income (or Loss) Before Taxes from IRS Form 1065
(8) Compensation Paid to Principal Partners, Their Sopuses and Dependents
(List names and amounts in Remarks)
(9) Net Earnings (Add lines (7) and (8)) $0.00 $0.00 $0.00
TABLE IV: NONPROFIT ORGANIZATION
(10) Annual Gross Revenues:
(11) AdminisirativeExpenses
.
(12) Net Revenues (Subtract line (11) from line (10) $0.00 $0.00 $0.00
REMARKS:
Based on Mr. Mori's average annual net earnings, he is eligible for the maximum $20,000 fixed payment in lieu of a payment for
actual reasonable moving and related expenses. Per tenant request, OPC staff reviewed and returned copies of his 2008 & 2009 tax
returns, verifying their contents for this claim on March 30th.
Overland, Pacific & Culler, Inc. Page 2 of 2
25B-13 =BC-05(4104)
RAYMOND MOR[, ATTORNEY AT LAW
IMPROVEMENTS PERTAINING TO THE REALTY
EFFECTIVE DATE OF VALUE - APRIL 14; 2010
Fair Market Forced
Item Value in Liquidation
No. Qty. Description Place Value
1 I Lot of minor miscellaneous installations, including, but $50 $0
not limited to, hooks, bolts, and wall fasteners
2 1 Lot of data cabling and computer networking 420 0
3 1 Interior surveillance camera, manufacturer and model no. 360 25
not available, including wall bracket, video cabling, and
electrical
TOTAL IMPROVEMENTS PERTAINING
TO THE REALTY $830 $25
25B-14
ALL INCLUSIVE SETTLEMENT AGREEMENT
This Agreement ("Agreement") is made by and between the City of Santa Ana, a charter
city and municipal corporation duly organized and existing under the Constitution and laws of
the State of California ("City') and Diet Clinic NN Medical ("Tenant"). The City and Tenant are
hereinafter sometimes referred collectively as the "Parties." The Effective Date of this
Agreement shall be , 2011, the date on which the Agreement has been fully
executed by the City and Tenant.
RECITALS
A. Tenant operates a business, commonly known as Diet Clinic NN Medical, located at
1631 N. Bristol Street, Suite 308, Santa Ana, CA 92706 (the "Property").
B. The City is in the process of purchasing the Property for the Bristol Street Widening
Project. As a result of the City's acquisition, the Tenant will be displaced from the
Property.
C. The Parties desire to resolve all issues relating to the City's acquisition of the
Property in accordance with the terms and conditions set forth below.
D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other
consideration given in connection with this Agreement are the result of a compromise
and settlement of disputed claims, and shall never, at any time or for any purpose,
be considered an admission of liability or responsibility on the part of any of the
parties herein released.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants hereinafter set forth, it is hereby agreed by and among the Parties that:
1. Consideration
(a) The City shall pay to Tenant the sum of $14,000.00 (Fourteen Thousand
Dollars) (Tenant Settlement Payment) as total compensation for relocation
assistance and any and all related expenses and claims as more fully described
in paragraph 1(b) below. Upon full execution of this Agreement, the City will
begin processing an initial payment, payable to Tenant, in the amount of
$7,000.00. The City will make the final payment to Tenant in the amount of
$7,000.00 after Tenant vacates the Property, signs a Certificate of Abandonment,
provides all keys to the Property to the City or to the City's relocation consultant,
and provides written verification that all hazardous materials have been legally
and properly moved.
(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above
constitutes full satisfaction of any and all obligations of the City to Tenant,
including, without limitation, any obligations for relocation assistance, relocation
benefits, moving expenses, interest of any kind in the real estate and leasehold,
loss of business goodwill, compensation for personal property (loss of inventory),
furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
damages of any nature.
1 of 7
25B-15
(c) Tenant agrees to vacate the Property on or before May 15, 2011 ("Vacate Date")
(d) Tenant hereby agrees that City may remove and dispose of any personal
property or trash that has not been moved upon the Vacate Date, as it elects and
desires, without any notice to Tenant.
(e) Payment will be made for Relocation Expenses in the amount of $13,595.00.
(f) Payment will be made for leasehold, loss of business goodwill and immovable
furniture, fixtures and equipment in the amount of $405.00.
2. Release
(a) Nothing contained herein shall constitute a release or discharge by either party
for any of the undertakings of the other party to this Settlement Agreement. This
Agreement shall serve as a full release and discharge by the Parties, on behalf of
themselves, their agents, representatives, assigns, trustees, administrators,
attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
interest, in consideration of the mutual covenants and promises contained herein,
of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
and those parties' accountants, other professionals, agents, representatives,
assigns, employees, administrators, trustees, insurers, attorneys, heirs,
beneficiaries, and successors in interest (collectively the "Released Parties"),
from all rights, claims or cross-claims, demands, actions, or causes of action,
including those for damages, compensation, relocation assistance, relocation
benefits, loss of goodwill, property interest, compensation for personal property
(loss of inventory), furniture, fixtures and equipment, punitive damages, interest,
costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by
way of writ of mandate, or for demands, damages, refunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
causes of action of whatever kind, at law or in equity, that the Parties have now
or may have against any of the Released Parties arising from the facts and
circumstances described in this Agreement including but not limited to (1) the
acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in
the Property (or any portion thereof) or (3) any other right or interest Tenant may
have, assert, or claim by reason of City's actions or failure to act, including, but
not limited to, any claim to relocation assistance, relocation benefits or
compensation for property or loss of goodwill from the City.
(b) In making this release, the Parties intend to and do release, acquit and discharge
the Released Parties, and each of them, from any liability of any nature
whatsoever for any claim, injury, damages, or equitable or declaratory relief of
any kind, whether the claim, or any facts on which such claim might be based, is
known or unknown to the party possessing the claim. Each party expressly
acknowledges and waives any and all rights under Section 1542 of the California
Civil Code, which the Parties understand provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his/her favor at the time of executing the release, which if
known by him/her must have materially affected his/her settlement with the
debtor.
2of7
25B-16
Each party acknowledges the foregoing waiver of the provisions of California
Civil Code Section 1542 was separately bargained for and expressly consents
that this Agreement shall be given full force and effect in accordance with each
and all of its express terms and provisions, including those terms and provisions
relating to unknown or unsuspected claims, demands and causes of action, if
any, to the same effect as those terms and provisions relating to any other
claims, demands and causes of action herein above specified.
(c) Each party acknowledges that it may hereafter discover facts or law different
from or in addition to those which it now believes to be true with respect to the
release of claims. Each party agrees that the foregoing release shall be and
remain effective in all respects notwithstanding such different or additional facts
or law or any party's discovery thereof. The Parties shall not be entitled to any
relief in connection therewith, including, but not limited to, any damages or any
right or claim to set aside or rescind this Agreement.
(d) None of the Parties or their respective agents nor any related entities have made
any statement or presentation to the other regarding any fact relied upon in
entering into this Agreement and the Parties, and each of them, expressly do not
rely upon any statement, representation or promise of any other party or any
party's agent or related entities in executing this Agreement, except as is
expressly set forth herein. Each of the Parties has made such investigation of
the facts and law pertaining to the subject matter of this Agreement as it deems
necessary, and has consulted with legal counsel of its own choosing concerning
these matters.
(e) Tenant hereby represents and warrants as of the Effective Date of this
Agreement that (1) to its actual knowledge, no other entity or person has any
right, title, or interest whatsoever in the released claims, and (2) that there has
been no assignment, transfer, conveyance or other disposition by Tenant of any
of the released claims, and that Tenant will not make any such assignment,
transfer, conveyance or other disposition subsequent to the Effective Date of this
Agreement. Tenant acknowledges that the Authority has relied and is relying
upon such representations and warranties in entering into this Agreement.
(f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or
representatives from any claims that may arise from Tenant's nondisclosure of
any other interests in the Property or personal property referenced by this
agreement.
(g) This Agreement represents a settlement of doubtful and disputed claims between
the Parties and does not constitute any admission of liability by either party to the
other party to this Agreement. City has delivered to Owner an offer to purchase
the Property under threat of eminent domain pursuant to Government Code
Section 7267.2. Tenant and City now wish to enter into this Agreement in lieu of
eminent domain proceedings.
3. Third Party Beneficiaries
Except as explicitly set forth herein, nothing in this Agreement is intended to create any
third party beneficiaries under this Agreement, and no person or entity other than
Authority and Tenant shall be authorized to enforce the provisions of this Agreement.
3of7
25B-17
4. Attorney's Fees
In the event of litigation relating to or arising out of this Agreement, the prevailing party
shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs
and expenses incurred thereby, including, but not limited to reasonable attorney's fees
and costs for services rendered to such prevailing party.
5. Indemnitv
Each party shall indemnify, defend and hold the other party and the Released Parties
harmless from and against any claims, damages, demands, liabilities, losses,
judgments, expenses and attorney's fees and/or costs resulting from the breach by such
indemnifying party of any provision of this Agreement, the falsity of any representation or
warranty made by the indemnifying party contained in this Agreement.
6. Entire Agreement
This Agreement together contains the entire Agreement of the Parties, and supersedes
any prior written or oral agreements between them, concerning the subject matter of this
Agreement.
7. Partial Invalidit
In the event that any term, covenant, condition or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shall continue in full force and effect.
8. Waiver and/or Modification
The provisions of this Agreement may not be waived, altered, amended or repealed, in
whole or in part, except upon a written agreement signed by each of the Parties. The
waiver by one party of the performance of any provisions of this Agreement shall not
invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof.
8. Headings
The headings, subheadings and numbering of the different paragraphs of this
Agreement are inserted for convenience and for reference only and shall not be
considered for any purpose in construing this Agreement.
9. Governing Law
The rights and obligations of the Parties under this Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, this Agreement shall
inure to the benefit of, and shall be binding upon, the assigns, successors in interest,
personal representatives, executors, estates, heirs, legatees, agents and related entities
of each of the Parties.
4of7
25B-18
11. Necessary Acts
Each of the Parties agrees to perform such further acts, and execute and deliver such
further documents, as may be reasonably necessary to carry out the provisions of this
Agreement.
12. Advise of Counsel
The Parties, and each of the, acknowledge that in connection with the negotiations and
execution of this Agreement, they have each been represented by independent counsel
of their own choosing and the Parties executed the Agreement after review by such
independent counsel; or, if they were not so represented, said non-representation is and
was the voluntary, intelligent and informed decision and election of the party not so
represented; and, prior to executing the Agreement, each party has had an adequate
opportunity to conduct an independent investigation of all the facts and circumstances
with respect to the matters which are the subject of this Agreement including but not
limited to the advisability of entering into this Agreement and the meaning of California
Civil Code Section 1542.
13. Authority to Execute This Agreement
Each person executing this Agreement on behalf of an entity represents that he or she is
authorized to execute this Agreement on behalf of that entity and to bind that entity to
the terms of this Agreement.
14. Construction
Each party has cooperated in the drafting and preparation of this Agreement. In any
construction to be made of this Agreement, or of any of its terms and provisions, the
same shall not be construed against any party.
15. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original and, when taken together with other signed counterparts, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
16. Voluntary Agreement
The Parties, and each of them, further represent and declare that they have carefully
read this Agreement and know the contents thereof, and that they sign the same freely
and voluntarily.
17. Notices
All notices, requests, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall either be delivered personally or
be sent by telegram or by regular or certified first class mail, postage prepaid, deposited
in the United States mail, and properly addressed to the party at its address set forth
below, or at any other address that such party may designate by written notice to the
other party:
5of7
25B-19
To City: Souri Amirani
Deputy City Engineer
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, California 92701
To Tenant: Diet Clinic NN Medical
c/o Dr. Tu Nquyen
702-A W. 17 Street
Santa Ana, CA 92706
18. Jurisdiction and Venue
Any action or proceeding concerning this Agreement shall be filed and prosecuted in the
appropriate California court in the County of Orange, California. Each party hereto
irrevocably consents to the personal jurisdiction of the court. The Parties each hereby
expressly waive the benefit of any provision of law providing for a change of venue to
any other court, including, without limitation, federal court, due to any diversity of
citizenship between the Parties or due to the fact that either the Authority is a party to
such action or proceeding. Without limiting the generality of the foregoing, the Parties
specifically waive any rights provided to it pursuant to California Code of Civil Procedure
Section 394 or other state or federal statutes or judicial decisions of similar effect.
6 of 7
25B-20
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the
date first written above.
TENANT:
fu -Nguyen
1
Dated i it
CITY OF SANTA ANA
BY: Dated
David N. Ream
City Manager
ATTEST:
Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Dated
Jose Sandoval
Managing Senior Assistant City Attorney
25B-21
25B-22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AGREEMENT FOR SECURITY GUARD
SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a two-year agreement with G4S
Secure Solutions (USA) Inc. with three one-year extension options, subject to nonsubstantive
changes approved by the City Manager and City Attorney, for security guard services at the
Santa Ana Regional Transportation Center, the Santa Ana Corporate Yard, the Santa Ana Zoo at
Prentice Park, the Santa Ana Central and Newhope Branch Libraries, and Centennial Park in an
amount not to exceed $504,264.72 per year.
DISCUSSION
On November 20, 2006, City Council awarded Securitas Security Services USA Inc. the contract to
provide security guard services at various locations throughout the City, including the Santa Ana
Regional Transportation Center, the Santa Ana Zoo at Prentice Park, and the Corporate Yard. On
December 20, 2010 City Council authorized staff to issue a Request for Proposals (RFP) to obtain
competitive pricing, and extended the contract with Securitas through the RFP process. The
extension will expire on May 31, 2011.
An RFP for security guard services was prepared. The scope was expanded to include the
Santa Ana Central and Newhope Branch Libraries and Centennial Park.
The RFPs were mailed on January 19, 2011. Below is a summary of the proposals solicited, and
those received:
33 Requests for Proposals mailed
12 Requests for Proposals mailed to Santa Ana vendors
15 Proposals received
3 Proposals received from Santa Ana vendors
25C-1
Agreement for Security Guard Services
May 2, 2011
Page 2
The proposals received were rated by a team from the Public Works Agency; Finance and
Management Services Agency; Parks, Recreation and Community Services Agency; and Police
Department. The team narrowed the 15 submittals to the four highest-scoring proposals and
conducted interviews with the top four contractors. The contractors were rated for their
performance in the interviews by the same City team.
The final ratings and proposed annual costs for these four proposals are as follows:
NAME OF RESPONSIVE BIDDER RATING RATING BASE COST
G4S Secure Solutions (USA) Inc. Anaheim 90 $409,284.72
Securitas Security Services Anaheim 85 $399,502.72
Universal Protection Service Santa Ana 80 $393,946.78
North American Security, Inc. Los Angeles 69 $475,566.36
G4S Secure Solutions (USA) Inc. received the highest average score of 90 and was selected
based on the quality of personnel, experience, and advanced technology. The cost proposal
submitted by this firm is consistent, reasonable, and in line with current costs. Based on these
factors, it is recommended that G4S Secure Solutions (USA) Inc. be retained for the required
services.
Staff is proposing to add some options to the base cost amount: $190 per month at the SARTC for
a second Secure Trax device (for computerized tracking and reporting); $190 per month at the
Corporate Yard for a Secure Trax device; $35 per month for bike patrol and $2500 contingency at
Centennial Park; $5,000 per month for contingency and homeland security events.
Santa Ana Regional Transportation Center
Corporate Yard
Santa Ana Zoo at Prentice Park
Santa Ana Central and Newhope Branch Libraries
Centennial Park
Homeland Security Alerts
Contingency security coverage/related equipment
Total annual expenditure:
$234,187.56
94,013.16
7,644.00
61, 318.44
47,101.56
30,000.00
30.000.00
$504,264.72
The agreement will begin on June 1, 2011 and terminate on May 31, 2013. Three optional 1-year
extensions are included.
25C-2
Agreement for Security Guard Services
May 2, 2011
Page 3
FISCAL IMPACT
Funds for the remaining months of fiscal year 10/11 are available in the various departments'
Contract Services - Professional accounts (62300). Funds for fiscal year 11/12 are included in the
proposed budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
r
Ko;v --
Rau odinez II
Executive Director
Public Works Agency
Gerardo Mouet
Executive Director
Parks, Recreation & Com
unity Services Agency
Paul M. Walters
Chief of Police
Police Department
RG/CK
y
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit 1: Agreement with G4S Secure Solutions (USA), Inc.
25C-3
25C-4
AGREEMENT FOR PROVISION OF
SECURITY GUARD SERVICES
THIS AGREEMENT, made and entered into this day of , 2011 by
and between (hereinafter "Contractor"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
1. The City desires to retain a Contractor having special skill and knowledge in the field of
security to provide security guard services for certain Santa Ana facilities.
2. Contractor represents that Contractor is able and willing to provide such services to the
City and is licensed by the State of California to provide security guard services.
3. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional security services firm.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform security services at the Santa Ana Regional Transportation
Center, City Yard, Santa Ana Zoo at Prentice Park, Main Library, Newhope Library and
Centennial Park, as set forth in the City's Request for Proposal for Security Guard Services, and
Contractor's Proposal dated February 17, 2011, both on file at the Santa Ana Public Works
Agency and Specifications and Requirements, attached hereto as Exhibit 1 through 5 and
Scheduling attached hereto as Exhibit 6.
The City reserves the right to request additional security services and related equipment
from Contractor, as set forth in Exhibit 7 attached hereto. The City may request additional
services in writing executed by the City Manager or his designee.
Exhibit 8, Contractor's Cost Sheet, is attached hereto.
The City may reserves the right to reduce or eliminate services at any of its facilities, for
any reason. The reduction or elimination of services will result in a proportionate reduction of
the monthly payment to the Contractor. The City's decision to reduce or eliminate services shall
be effective 30 days after written notice of such election has been sent to Contractor at the
address set forth in Section 9, below.
25C-5
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit 8. The total sum to be expended under this Agreement
shall not exceed $504,264.72, annually, during the term of this Agreement. This amount includes
$90,000 for as needed services performed only at the City's written request.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on June 1, 2011 and terminate on May 31, 2013 unless
terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended for three successive twelve month periods upon a writing executed by the City
Manager and the City Attorney. In the event the City Council does not budget sufficient funds to
continue services for a new fiscal year, the City shall notify Contractor of such occurrence and
shall terminate this Agreement on the last day of the fiscal period without penalty to City.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
25C-6
insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the
City; and (c) contain standard separation of insureds provisions.
Contractor's naming of the City, its officers, employees, agents, volunteers and
representatives as additional insured shall afford coverage only for the negligent acts or
omissions of Contractor pursuant to this Agreement and shall in no event be construed for any
purpose so as to make Contractor or the issuer of such policies liable for the negligence (joint,
concurrent, independent or individual), acts, errors or omissions of the City or its employees.
b. Employer's liability insurance, with a combined single limit of not less than
$1,000,000 per occurrence.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including health, and claims for property damage, to the extent which
may arise from the negligent operations of the Contractor or its contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services described
in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects to
25C-7
the extent arising from Contractor's negligent performance of this Agreement. This indemnity
and hold harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events
referred to in this Section or by reason of the terms of, or effects, to the extent arising from this
Agreement.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza, (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
25C-8
With courtesy copies to:
Public Works Agency
Administrative Services
City of Santa Ana
20 Civic Center Plaza, (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5069
and
City Attorney
City of Santa Ana
20 Civic Center Plaza, (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: G4S Secure Solutions (USA) Inc.
2300 E. Katella Avenue, Suite 150
Anaheim, CA 92806
telefacsimile (714) 940-4894
ATTN: Jorge Villaverde
With a courtesy copy to:
G4S Secure Solutions (USA) Inc.
1395 University Blvd., 4th Floor
Jupiter, FL 33458
Telefacsimile (561) 691-6727
ATTN: G4S Associate Council
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
25C-9
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination.
If Contractor fails to perform any of the covenants herein contained, City may terminate this
Agreement and be relieved of payment of consideration to Contractor within five (5) days following
notice to Contractor, specifying that Contractor has failed to perform such covenants. In event of
such termination City may provide replacement services in any manner deemed appropriate by City.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
25C-10
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ II
Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CONTRACTOR
JORGE VILLAVERDE
G4S Secure Solutions General Manager
Tax ID#
25C-11
25C-12
EXHIBIT 1
SANTA ANA REGIONAL TRANSPORTATION CENTER
The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana
Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000-square-
foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking
structure with 423 spaces. A three-story pedestrian bridge takes travelers to the east train
platform. A second pedestrian bridge connects the parking structure to the main facility. The
terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the
public from 4:00 AM to midnight daily.
The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a
five-story theme tower that includes small meeting/conference rooms on the 41h and 51' floors.
Tenants include Amtrak, Greyhound Lines, Crucero, Transportes Intercalifornias, Tres Estrellas
de Oro, County of Orange Social Services Program, State of California EDD, the City of Santa
Ana Work Center, a cafd and gift shop.
As a regional transportation hub and public services facility, various local, state, and federal
authorities have law enforcement jurisdiction within the facility. The lead authority is the Santa
Ana Police Department. The Orange and Los Angeles County Sheriffs, the California Highway
Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the
other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland
Security critical infrastructure locale.
Rail Services
The SARTC is served daily by 22 Amtrak trains (24 trains on Friday) and 33 Metrolink trains on
weekdays with a mean daily rail passenger count of 1,766. Metrolink service begins at 4:32 AM
at the station and the last train departs at 7:21 PM. Peak Metrolink train frequency occurs
between the hours of 6:00 AM to 8:30 AM and 4:00 PM to 6:30 PM. The Amtrak service begins
at 6:53 AM and the last train leaves at 11:06 PM. Amtrak train frequency is consistent
throughout the day providing about one train per hour.
Weekend service at the Santa Ana station is less frequent and includes 24 Amtrak trains and 8
Metrolink trains. Three Metrolink trains are provided during weekend morning hours and five
Metrolink trains are provided during weekend evening hours. Amtrak provides weekend service
of approximately one train per every half hour between 7:30 AM to 9:00 AM and 10:30 AM to
1:30 PM. At least one Amtrak Pacific Surfliner train is provided every hour from 2:30 PM to
11:30 PM.
Bus Services
Ten bus bays are located on the west side of the terminal with access and egress off of Santiago
Street. OCTA bus Local routes 59 and 83 and Station Link routes 462, 463, and 464 serve the
station. On average, there are approximately 220 weekday OCTA boardings and less than 10
weekend boardings at SARTC. Greyhound, Transportes Intercalifornias, and Tres Estrellas de
Oro offer long distance bus service at the station between 5:00 AM and midnight. These three
long distance bus service providers report a total average of 700 boardings and alightings per
25C-13
day. Amtrak bus service provides service at the Santa Ana station, in lieu of Amtrak trains,
during select off-peak hours. The Amtrak bus service operates between the hours of 12:00 AM to
5:00 AM for the Pacific Surfliner route.
Workforce Development Services
The Santa Ana WORK Center is located within the SARTC. The WORK Center combines
resources from various agencies to provide integrated job and workforce development services,
including job search assistance, employee referrals and placement, unemployment insurance
filing, and career counseling for adults and youths. As part of the WORK Center, the State of
California EDD leases an administrative office on the first floor which averages 5 client visits
per day. The City of Santa Ana and the State EDD lease the two suites on the second floor. The
administrative suite averages 14 client visits per day and the referral center suite averages 254
client visits per day. The WORK Center offices on the first and second floors are open from
8:00 AM to 5:00 PM Monday thru Thursday and every other Friday. A security guard under
separate contract by the State of California is assigned to the referral center suite during the
hours it is open to the public. It is expected that the security company awarded the contract
under this RFP will work in cooperation with the security guard assigned to the referral center
when necessary. The County of Orange Social Services Agency leases the suite on the third
floor and averages 26 client visits per day. The third floor suite is open from 8:00 AM to 5:00
PM, Monday thru Friday.
1. SCOPE
The City's objective is to provide deterrence against crimes of vandalism, theft and bodily injury
at the SARTC on a twenty-four (24) hour basis. Contractor shall develop a comprehensive set of
Post Orders documenting both general procedures as well as site-specific responsibilities. Draft
Post Orders shall be prepared prior to the commencement of the contract and must be reviewed
and approved by the City within fifteen (15) days from commencement of Contractor's services.
The proposal will recommend staffing levels and shift schedules appropriate for this post.
Management of Facility
The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency.
Onsite property management services are available during normal business hours Monday
through Thursday and every other Friday. The office is closed on weekends and 11 days per
year for holidays.
This post requires highly visible security staff with excellent interpersonal skills and the ability
to deal with the public in a courteous manner. Guards assigned to this post must speak and
understand English and be able to write clear and concise reports. Bilingual candidates are
preferred and at least one bilingual Spanish speaking guard must be on site at all times.
General post assignments and tasks include, but are not limited to the following:
• Observe-and-report only. Guards are not expected to apprehend or physically detain any
individual.
25C-14
• Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the
building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east
and west platforms and all approaches onto the property.
• Maintain facility in lockdown mode when the facility is closed, unless an emergency arises
and respond only at the direction of SARTC management or emergency services.
• Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the
property.
• Provide vehicle and parking control throughout the facility as needed.
• Provide surveillance of trains, buses and passenger movement.
• Enforce the facility's unattended baggage policy and follow appropriate procedures.
• Lock down or open the facility at designated times. This will include main building, parking
structure and pedestrian bridge accesses.
• Report to SARTC management any light outages, improperly working doors and/or locks,
building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or
plumbing systems, graffiti locations, suspected or observed theft or vandalism.
• Raise and lower flags at dawn and dusk.
• Check in and check out all contract personnel and provide access to service areas as
necessary.
II. RESPONSIBILITY OF CONTRACTOR
Provide a post management system that includes efficient mechanisms for tour verification, daily
activity reports (DARs), and incident reporting (IR). This system must be complete with a
reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and
any other equipment needed in leading and monitoring the security needs of the facility.
Provide for the SARTC CPO Post Commander (Account Manager) to travel and board in
Sacramento to job shadow with Jacob Culberson and the SRT security staff to cross train (16
hours) on transit issues and incorporate best practices for SARTC.
Ensure that SARTC is secure at all times by providing security coverage as outlined in Exhibit 6
Each security guard shall utilize Secure Trax devices to perform their duties.
Provide two Secure Trax devices for use at the SARTC.
Provide cellular phones and all other telecommunications or electronic equipment necessary for
all security officers while on duty.
Provide internal transportation equipment, if any, such as scooters, Segways, etc.
25C-15
Provide a marked G4S vehicle to be parked at the SARTC 23 hours per day. Said vehicle will be
used in performance of the Santa Ana Zoo patrol during the one-hour it is not on SARTC
premises.
Provide an adequate number of complete company uniforms including jackets, and head and rain
gear so that all security officers can show an exceptional presence. This uniform must clearly
identify security officers as employed by the Contractor and shall be worn at all times during
shift. Identification badges will also be required.
Provide all document and stationary supplies needed for the successful running of this post. This
means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms,
pens, writing pads, etc. THE CITY WILL NOT PROVIDE SUPPLIES.
Insure that all security officers do not carry firearms.
Be responsible for all training of security officers to assure compliance with all federal, state and
local requirements pertinent to their position at the SARTC.
When a security officer ceases to be assigned to duty at the SARTC, the Contractor shall inform
the property manager immediately.
25C-16
EXHIBIT 2
THE SANTA ANA CORPORATE YARD
The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA
92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east,
Chestnut Avenue on the south and Center Street on the west. The property includes
administrative office buildings, a central stores warehouse, a fleet and facility maintenance two-
story garage, and a single-story vehicle parking structure backed up to Chestnut Avenue. The
entire property is walled with three security gate entrances. The property houses a variety of the
City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard
serves as a fuel filling location for City vehicles and houses diesel and unleaded underground
storage tanks, and CNG and hydrogen above-ground storage tanks. Security guard services are
required per the shift and holiday coverage detailed in Section II below. The regular hours of
operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p.m.
1. SCOPE
The City's objective is to provide the Yard with security guard service to monitor the security of
personnel, equipment, buildings, and general property. The security guard will be posted at the
guard station located at the Center Street entrance. The guard station is equipped with a closed-
circuit TV and provides visual monitoring of the Yard area and allows monitoring of the
entrance.
II. RESPONSIBILITY OF CONTRACTOR
The Contractor is to provide one security guard, unarmed, in standard full uniform at the Guard
Station located on the west side of the Corporate Yard.
Shift Coverage:
Monday-Thursday 6:00 a.m. to 8:00 p.m.
Friday night starting at 4:00 p.m. with coverage until Monday at 6:00 a.m.
Holiday Coverage:
The following 11 holidays are observed by the City of Santa Ana. Full 24 hour security guard
coverage is required on these holidays.
1. New Year's Day
2. Martin Luther King Jr. Birthday
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving and the Friday following
9. Christmas and the last working day before the holiday
The security guard shall perform the following:
25C-17
• Utilize a Secure Trax device in performance of all duties
• Observes the closed circuit TV monitoring of the Yard
• Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays.
• Opens the gates at 6 a.m. on weekdays.
• Maintains a logbook noting the name of every individual who enters and leaves the
property and notes the time.
• Conducts a continuous observation of the Yard to maintain a secure and safe property. If
any concerns arise during the guard shift, instructions are provided with contact numbers
to the Santa Ana Police Department.
• Under no circumstance is aggressive action required.
• The security guard is unarmed and required to call proper channels in the event of an
unusual observation.
• The Contractor will conduct unannounced supervisory inspections during shifts.
The City reserves the option to increase or decrease the number of nightly or daily coverage, the
hours of coverage, and the number of days per week requested with seven days written
notification.
25C-18
EXHIBIT 3
THE SANTA ANA ZOO AT PRENTICE PARK
The Santa Ana Zoo at Prentice Park (the "Zoo") is located at 1801 East Chestnut Avenue, Santa
Ana, California, 92701. The Zoo covers 20.5 acres including public parking areas, animal
housing, exhibits and buildings. The Zoo handles 90 species with approximately 250 animals
and 35 exhibits.
Hours of Zoo Operation
The Zoo is open to the general public Monday through Sunday (seven days per week) from
10:00 a.m. to 5:00 p.m. The Zoo is closed to the general public only two days each year on
December 25 - Christmas Day and January 1 - New Year's Day; however Zoo staff are still on
the grounds to feed and care for the animals:
Note: During days of extremely inclement weather, the Zoo Manager may decide to close the
Zoo to the public.
I. SCOPE
The City's goal is to provide the Zoo with an early morning security tour patrol as a deterrent
against crimes of vandalism and theft and to insure safety to City property and the Zoo's animal
collection during the Zoo's closed hours (Monday through Sunday, seven days per week from
5:00 p.m. to 10:00 a.m.).
II. RESPONSIBILITY OF CONTRACTOR
The Contractor conducts one (1) security tour patrol nightly, seven (7) days per week around the
Zoo property perimeter and through the Zoo grounds. The tour patrol is to include eight (8)
strategically designated locations, utilizing a Secure Trax device and is to be performed between
the hours of 1:00 a.m. and 3:00 a.m.
Utilize the CPO, vehicle and Secure Trax device dedicated to the SARTC in the performance of
the nightly Zoo patrol.
The Contractor provides one security officer, unarmed, in standard full uniform and a
functioning vehicle displaying the security company's name in clear view on the vehicle. The
security officer is to carry a cell phone or mobile radio at all times.
In the event of a security breach, unusual observation or concerns for the safety of the Zoo's
animals, the security officer is required to make specific contacts to City personnel and/or the
Santa Ana Police Department. Under no circumstance is aggressive action required.
Daily written reports of the nightly patrol rounds are left for review by the City's representative.
The Zoo reserves the option to increase or decrease the number of nightly vehicle sweeps and the
number of days per week requested, with seven days written notification.
25C-19
25C-20
EXHIBIT 4
THE SANTA ANA LIBRARY
The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library
provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for
adults, teens and children. It also offers bilingual computer training and access for adults, teens
and children, as well as story times in English and Spanish and special programs for children and
families. Also available are workshops, gaming and activities for teens, and workshops for
limited English speaking adults. Bilingual tutoring for children and teens is provided in the
Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m.
to 9:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and is closed on Sunday.
The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703.
The Newhope Library provides all types of books and audiovisual materials in English, Spanish
and Vietnamese for children and teens, as well as story times in English and Spanish and special
programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It
offers computer access for adults, children and teens. Bilingual tutoring for children and teens is
available in the Library Learning Center. The Newhope Branch Library is open Monday through
Thursday from 2:00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on
Friday and Sunday.
1. SCOPE
The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at
the two Library locations. The Contractor shall provide unarmed uniformed security services in
and around the Library properties as requested by the City. Contract security personnel shall
assist the Library in meeting its security objectives.
II. RESPONSIBILITY OF CONTRACTOR
The Contractor will provide security guard services 60 hours per week to the Central Library
location and 20 hours per week to the Newhope Branch Library for a total of 80 hours combined
per week for the two locations, during normal operating hours. The Contractor shall perform the
following:
• Perform roving patrols of interior and exterior building areas.
• Complete incident and daily operating reports.
• Respond as necessary to support other life safety duties as identified in post orders and
standard operating procedures.
• Direct patrons to areas within the Library and the Civic Center.
• Report building maintenance and safety concerns as necessary.
• Enforce Library rules as required.
• Mitigate various issues that arise in and around the Library based on Civic Center activity.
The Contractor shall provide all management, supervision, and overhead for all contractor's
employees and shall be solely responsible for instituting and invoking disciplinary action of
25C-21
employees not in compliance with Contractor's rules and regulations, as well as any other policy
established by the contracting parties.
The Contractor shall develop a comprehensive set of Post Orders documenting both general
procedures as well as site-specific responsibilities. Post Orders shall be prepared prior to the
commencement of the contract and must be reviewed and approved by the City with fifteen (15)
days from commencement of contractor's services.
All security officers will be required to read and verify they understand the Post Orders and at
minimum, shall be tested during the on-the-job training period, and at minimum annually during
site inspections.
The Contractor shall ensure hiring, training and administration of motivated and professional
employees that meet or exceed both the Contractor's and the City's standards and support
continuous performance of contract requirements.
The Contractor is responsible for the daily personal appearance of security personnel. The
Contractor shall provide seasonal uniforms and weather-appropriate protective clothing
necessary to identify staff as security guards.
Security officers are prohibited from carrying weapons of any kind, including but not limited to:
firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or
liquid.
The Contractor shall agree to remove from the site, whenever required to do so by the City, any
contractor employee considered by the City to be unsatisfactory or undesirable, within the limits
of any applicable laws.
25C-22
EXHIBIT 5
CENTENNIAL PARK
Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers
70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex
(four fields), a lake, a skate park, playground picnic areas, restrooms, a fire training facility, an
adult education center and the Hector Godinez High School Facility. (Hector Godinez High
School is located on Centennial Park property. The campus is not included in the area to be
serviced, however, there should be communication between the successful proposer and the
school district to effectively communicate truancy and other student related safety issues so that
they can be effectively addressed by the school district.)
1. SCOPE
The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at
Centennial Park.
II. RESPONSIBILITY OF CONTRACTOR
The Contractor will provide security guard services approximately 20 hours per week at
Centennial Park. The Contractor shall perform the following:
• Perform roving patrols of interior and exterior building areas.
• Complete incident and daily operating reports.
• Respond as necessary to support other life safety duties as identified in post orders and
standard operating procedures.
• Direct patrons to areas within Centennial Park.
• Report building maintenance and safety concerns as necessary.
• Enforce Park rules as required.
• Mitigate various issues that arise in and around Centennial Park.
• Provide a bike patrol, including supplying the bicycle, ongoing maintenance of bicycle,
safety equipment, including gloves, knee and elbow pads, and helmets and uniforms,
including BDU pants and/or shorts, polo shirt and belt.
The Contractor shall provide all management, supervision, and overhead for all Contractor's
employees and shall be solely responsible for instituting and invoking disciplinary action of
employees not in compliance with Contractor's rules and regulations, as well as any other policy
established by the contracting parties.
The Contractor shall develop a comprehensive set of Post Orders documenting both general
procedures as well as site-specific responsibilities. Post Orders shall be prepared prior to the
commencement of the contract and must be reviewed and approved by the City with fifteen (15)
days from commencement of contractor's services.
25C-23
All security officers will be required to read and verify they understand the Post Orders and at
minimum, shall be tested during the on-the-job training period, and at minimum annually during
site inspections.
The Contractor shall ensure hiring, training and administration of motivated and professional
employees that meet or exceed both the Contractor's and the City's standards and support
continuous performance of contract requirements.
The Contractor is responsible for the daily personal appearance of security personnel. The
Contractor shall provide seasonal uniforms and weather-appropriate protective clothing
necessary to identify staff as security guards.
Security officers are prohibited from carrying weapons of any kind, including but not limited to:
firearms, nightsticks, martial arts weapons or equipment, batons, or any chemical agent spray or
liquid.
The Contractor shall agree to remove from the site, whenever required to do so by the City, any
contractor employee considered by City to be unsatisfactory or undesirable, within the limits of
any applicable laws.
25C-24
EXHIBIT 7
AS-NEEDED SECURITY FOR CITY LOCATIONS
Contractor must provide for the possibility of providing immediate security guard coverage at
any location in the City. Security guard services include immediate security guard coverage due
to a security breach at City Hall, any of approximately 15 local park clubhouses and community
centers, a City parking structure, a community learning center, or other City location. Coverage
must be provided within one hour for the duration of the period outlined.
25C-25
25C-26
EXHIBIT 8
COST SHEET
Santa Ana Regional Transportation Center (Selected)
208 Security Officer Hours per Week + 2 SecureTraxTM Devices
Monthly Cost: $ 19,515.63 equals
Annual Cost: $ 234,187.56
Hourly Rate - Guard: $21.17 (For extra hours should they be required)
Hourly Rate - Supervision: $22.58 (For extra hours should they be required)
Santa Ana Corporate Yard
1 SecureTraxTM Device
Monthly Cost: $7,834.43 equals
Annual Cost: $94,013.16
Hourly Rate - Guard: $14.74 (For extra hours should they be required)
Hourly Rate - Supervision: $ 22.58 (For extra hours should they be required)
Santa Ana Zoo at Prentice Park
Monthly Cost: $637.00 equals
Annual Cost: $7,644.00
Hourly Rate - Guard: $14.74 (For extra hours should they be required)
Hourly Rate - Supervision: $22.58 (For extra hours should they be required)
Santa Ana Library locations
Monthly Cost: $5,109.87 equals
Annual Cost: $61,318.44
Hourly Rate - Guard: $14.74 (For extra hours should they be required)
Hourly Rate - Supervision: $22.58 (For extra hours should they be required)
Centennial Park
1 Bike Patrol
Monthly Cost: $1,425.13 equals
Annual Cost: $17,101.56
Hourly Rate - Guard: $14.74 (For extra hours should they be required)
Hourly Rate - Supervision: $22.58 (For extra hours should they be required
As-Needed Security
Monthly Cost: $7,500.00 equals
Annual Cost: $9000.00
Hourly Rate - Guard: $14.74 (For extra hours should they be required)
Hourly Rate - Supervision: $22.58 (For extra hours should they be required
Total Price
Monthly Cost: $42,022.06 equals
Annual Cost: $504,264.72
All charges for security guard services for this contract must be included in the above total
25C-27
25C-28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AMENDMENT TO AGREEMENT WITH
SIEMENS FOR ENERGY EFFICIENCY
IMPROVEMENTS
,, Z,-CI MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Vt Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached amendment to the
agreement with Siemens Building Technologies, subject to nonsubstantive changes approved by
the City Manager and City Attorney for a not-to-exceed amount of $155,778 to implement
additional energy efficiency improvements to City buildings and parks.
DISCUSSION
In 2009 the City Council authorized an agreement in the amount of $3,267,000 with Siemens
Building Technologies for energy efficiency improvements in the City's buildings and parks
funded by the Energy Efficiency and Conservation Block Grant (EECBG) monies, through the
American Recovery and Reinvestment Act of 2009. In addition to these funds, the City applied
for rebates available from Southern California Edison (SCE).
This project includes exterior and interior lighting retrofits, HVAC improvements, implementation
of automated control systems, and ball field submetering. These improvements are designed to
save energy, reduce the City's cost of electricity, and allow the City to modernize and upgrade its
buildings and equipment.
This project was approved by the Department of Energy (DOE) in April 2010, and at this time the
installation of the energy retrofits are 95 percent completed. The only remaining item to be
completed under the scope of work is installation of the HVAC upgrades at the City Yard.
Late last year, the Department of Energy informed the City that any incentive money received
from SCE would either need to be returned to the DOE or utilized for added energy efficiency
projects. The anticipated rebates have been estimated to be between $73,300 and $83,300. It
is recommended that the City utilize these rebates and authorize an additional relamping project
(at the Police Department) in this amount.
During implementation of the project, a number of improvements were not done as originally
intended. This situation occurred because the project had been originally designed in 2008 and
some of the work in the project scope had already been completed using other funding. As a
25D-1
Amendment to Agreement with Siemens
for Energy Efficiency Improvements
May 2, 2011
Page 2
result the City is owed a credit of $79,942. Staff is recommending Council authorization to
modify the scope of the project to reflect an additional relamping project (in City Hall) that was not
part of the original scope of services. These changes will not add anything to the total amount
payable under the agreement.
In addition, the Parks, Recreation & Community Services Agency (PRCSA) has identified
$72,478 in additional funding that they are recommending be spent for energy efficiency
upgrades in their parks. Specifically the projects that are proposed include installing the Musco
Control Link automated lighting system at both Spurgeon Intermediate School and at Delhi Park.
The Musco systems allow PRCSA reservation staff to automatically set the sport lights at these
two sites to turn on and off automatically during scheduled reservations.
It is recommended that the City authorize an amendment
Building Technologies in the amount not to exceed $155,778
add projects utilizing the SCE rebate monies, and to add the
parks. Once approved, this remaining work is expected to
months.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
to the agreement with Siemens
to reflect the change in scope, to
energy efficiency projects in the
be completed in approximately 3
This amendment will add a not-to-exceed amount of $155,778 to the agreement with Siemens.
This includes a contingency of $5,000 in the parks projects and a contingency of $5,000 in
anticipated incentive payments, which will be spent on new projects. Funds are available in
Parks accounts (accounting units 05113263-66220, 01113260-66220, and 31313260-66220 and
in Administrative Services account (accounting unit 10117601-62300).
r, - 1, X --
Rau o Inez II
Executive Directo
Public Works Agency
Gerardo Mouet
Executive Director
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Parks, Recreation & Community Services Agency
RG:TC
Exhibit 1: Amendment
25D-2
SECOND AMENDMENT TO AGREEMENT
FOR THE PURCHASE AND INSTALLATION
OF ENERGY CONSERVATION MEASURES
This Second Amendment to Agreement is made and entered into on the 2nd day of May,
2011, by and between Siemens Industry, Inc. (herein "Contractor"), and City of Santa Ana
(herein "City"), collectively, ("Parties").
RECITALS:
A. The City and Siemens Building Technologies, Inc. entered into Agreement A-2009-
144, dated September 8, 2009, (hereinafter "said Agreement") by which Contractor
agreed to install certain energy efficiency Facility Improvement Measures (FIM's) in
City facilities.
B. October 1, 2009, Siemens Building Technologies, Inc. changed its name to "Siemens
Industry, Inc." All references to Siemens Building Technologies, Inc. shall mean
Siemens Industry, Inc.
C. Said Agreement is funded through the Department of Energy (DOE), Energy
Efficiency and Conservation Block Grant (EECBG) Program.
D. The original Scope of Work agreed between the parties included projects that were
completed before the Agreement could be commenced, therefore, funding for those
projects is available for additional energy efficiency projects in the City.
E. The City has earned rebates from Southern California Edison as a result of these and
other energy efficiency measures implemented by City. The EECBG funding
requires that those rebate funds either be returned to the DOE or be utilized for
additional energy efficiency projects.
F. The City has identified additional funding to provide for energy efficiency projects in
certain City Parks.
G. In accordance with the terms and conditions of said Agreement, the parties wish to
amend the Scope of Work, to include additional energy efficiency lighting upgrades
in City facilities and Parks, and to increase compensation to pay for those additional
energy efficiency measures.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Second Amendment to Agreement, the parties agree as follows:
25D-3
Section 2.A.1, Responsibilities of the Parties - Contractor's Responsibilities, shall
be amended to include in the energy efficiency FIM's set forth in Exhibit A, the
following lighting upgrades:
a. Contractor shall provide additional lighting upgrades at City Hall, as
set forth in Section 1.1.1 of Exhibit A of said Agreement, for the
basement and 2"d through Stn floor. If additional funding is not
sufficient to complete lighting upgrades in City Hall, then City shall
determine the sequence of floor(s) which shall receive lighting
upgrades.
b. Section 1.1.5 of Exhibit A shall be amended to include the provision
and installation of Musco Control Link automated lighting systems at
Delhi Park and Spurgeon Intermediate School as set forth in Exhibits
A-2.1 (Delhi) and A-2.2 (Spurgeon), attached hereto and incorporated
by this reference.
c. Contractor shall provide lighting upgrades in compliance with Section
1.1.1 of Exhibit A of said Agreement, at the Police Department,
including the Administration and Holding Facilities and parking lot.
Said additional lighting will be commenced upon the written direction
of City's Project Manager
2. Section 4. 1, Payment, shall be amended to increase the aggregate amount of
compensation by $155,778.
• Contractor agrees that the additional upgrades to City Hall lighting, as set
forth in Section La, above, will be charged against the credit due City of
$79,942, for work which was included but not provided pursuant to the
original Scope of Work.
• The additional Musco Control Lighting, as set forth in Section l.b., above,
shall be provided and installed by Contractor for a cost not to exceed
$72,478, which includes the quote of $67,478 plus a $5,000 contingency
for services requested in writing by the Project Manager.
• Relamping of the Police facility shall be completed at the rates and
charges set forth in Exhibit B-2, attached hereto and incorporated by this
reference. Contractor and City agree that City shall utilize rebate funds
obtained from or through SCE, to pay for the additional lighting and that
as those rebates are obtained, City will authorize additional lighting
upgrades.
All additional services provided pursuant to this Second Amendment to
Agreement shall be paid within thirty (30) days of City's receipt of invoice
evidencing work performed, subject to City accounting procedures.
25D-4
3. Except as set forth herein, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Agreement the date first set forth above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SIEMENS INDUSTRY, INC.
By:
Laura Sheedy
Assistant City Attorney (Name)
(Title)
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ II
Executive Director
Public Works Agency
25D-5
25D-6
EXHIBIT A-2.1
MUSCO LIGHTING
DELHIPARK
25D-7
0 000
MU S
?W'
100 11, Ave West • PO Box 808 • Oskaloosa, IA 52577
Phone: (800) 825-6020 0 Fax: (888) 397-8736
January 11, 2011
Siemens Building Technologies Inc
Attn: Tim Bearman
10775 Business Center Drive
Santa Ana, CA 90630
Re: Control-Link Cost Estimate - Delhi Park
Dear Tim Bearman,
Here is the Control-Link Estimate that you requested for Delhi Park. This quote includes the following...
Equipment
Note: At this site we will use the controller that was purchased for Cabrillo Tennis and was not
installed due to changes at the tennis center.
? (1) Remote Equipment Controllers (RFC's)
? (7) Remote Off/On Auto Switches
? (1) Remote Switch Box
? (4) 30 Amp Contactors
? (1) 16" x 16" x 6" Junction Box
? (2) 12" Din Rail
? (1) 2' x 4' piece of '/4" plywood
Zone 1: Baseball Zone 2: Basketball
Zone 3: Handball Zone 4: Security
Zone 5: Restroom Exterior Zone 6: Restroom Interior
Zone 7: Spare
? 10 year warranty on all equipment
? All freight costs
Equipment Price $7,700.00
Equipment Credit from the Cabrillo Tennis Control-Link $6,000.00
Total equipment price less credit $1,700.00
Equipment Installation
? Turnkey installation of all components by Musco Technicians
? Activation and testing of systems to ensure all units are fully functional and operational
Installation Price S2,900.00
10 Years Control Link Central Service (CLC)
? 24/7 toll free access to CLC customer scheduling operators
? Access to Musco Control Link Scheduling Website
REC operations and Website Training for your scheduling staff
Total Equipment & Installation with 10 years of Service: $4,600.00*
Price assumes contactors exist. If contactors are required, they can be purchased at
an additional cost to be installed by others.
*Please add applicable sales tax. Freight has been included.
Please feel free to call me to discuss any questions or concerns that you may have.
Sincerely,
25D-8
0000
mm EL
m
100 1« Ave West • PO Box 808 • Oskaloosa, IA 52577
Phone: (800) 825-6020 0 Pax: (888) 397-8736
Troy Shilling
Lighting Services Sales Representative
Musco Lighting
25D-9
25D-10
EXHIBIT A-2.2
MUSCO LIGHTING
SPURGEON INTERMEDIATE SCHOOL
25D-11
93-
Briggs Electric, Inc.
14381 Franklin Ave
Tustin CA 92780-7010
(949) 863-9901
010-207836
January 26, 2011
Siemens Industry
10775 Business Center Drive
Cypress, CA 90630
Attention; Tim Bearman
From; Ron Calkins
Reference. Spurgeon Park Gear Replacement
Change Order 03
Briggs Electric Change Order #3 is the price to remove the two existing distribution boards
serving the ball fields lights at Spurgeon Park and replace them with new. The new boards will
match the same items in the existing gear with the one exception of an added compartment for
the Musco lighting control panels. The concrete pad will be extended to fit the size of the new
switchgear. The existing wire is assumed to be in good condition for reuse. If required, short wire
extensions will be added to the existing wire within the panels. Replacing of the existing wire is
excluded. The installation of the Musco panels including wiring is excluded from this price.
Permits and plans are excluded from this price.
Total Price $32,478.00
0000
M r-rn.
100 111 Ave West • PO Box 808 0 Oskaloosa, IA 52577
Phone: (800) 825-6020 9 Fax: (888) 397-8736
January 3, 2011
Siemens Building Technologies Inc
Attn: Tim Bearman
10775 Business Center Drive
Cypress, CA 90630
Re: Control-Link Cost Estimate - Spurgeon Intermediate School
Dear Tim Bearman,
Here is the Control-Link Estimate that you requested for Spurgeon In termediate School. This quote includes
the following...
Equipment
? REC#1 Spurgeon Intermediate School North Switch Gear
? (9) 30 Amp Large frame Contactors
? (1) Pico Security Enclosure
Zone 1: Field #1 Zone 2: Field #2
Zone 3: Field #3 Zone 4: Security
Zone 5: Security Zone 6: Spare??
Zone 7:
? REC#2 Spurgeon Intermediate School West Switch Gear
? (9) 30 Amp Large frame Contactors
? (1) Pico Free Standing Security Enclosure with back panel
? (1) Concrete pad 24" X 30" for the Pico enclosure
Zone 1: Field #1 Zone 2: Security
Zone 3: Spare?? Zone 4:
Zone 5: Zone 6:
Zone 7:
Equipment Price $23,650.00
? 10 year warranty on all equipment
? All freight costs
Equipment Installation
? Turnkey installation of all components by Musco Technicians
? Activation and testing of systems to ensure all units are fully functional and operational
Installation Price $6.750.00
10 Years Control Link Central Service (CLC)
? 24/7 toll free access to CLC customer scheduling operators
? Access to Musco Control Link Scheduling Website
REC operations and Website Training for your scheduling staff
Total Equipment & Installation with 10 years of Service: $30,400.00*
*Please add applicable sales tax. Freight has been included.
Please feel free to call me to discuss any questions or concerns that you may have.
Sincerely, e?
df1
Troy Shilling
Lighting Services Sales Representative
Musco Lighting
25D-13
25D-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AGREEMENT WITH DR. SCOTT WELDY TO
PROVIDE VETERINARY SERVICES FOR
THE SANTA ANA ZOO AT PRENTICE PARK
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with Dr.
Scott Weldy for the provision of veterinary services at the Santa Ana Zoo at Prentice Park in the
amount of $75,000 for a one-year term, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture
and the Association of Zoos and Aquariums (AZA) to provide veterinary services for the collection
of animals maintained at the Zoo. Dr. Scott Weldy has provided veterinary services for the Santa
Ana Zoo at Prentice Park for the past two years. Dr. Weldy has extensive knowledge of the Zoo's
animal collection and has more than 20 years of zoo experience with exotic animal veterinarian
medicine. Further, prior to his selection, Dr. Weldy had performed satisfactorily for ten years as
backup vet for the Zoo's previous contract veterinarian and often filled in during her absence.
Dr. Weldy will continue to provide a comprehensive program of preventative and curative medical
care for the entire Zoo collection. Dr. Weldy will visit Zoo facilities a minimum of 12 hours per
week to examine the animals' health and sanitation, and assist with maintaining complete medical
history records for each animal in the animal collection. This $75,000 agreement will provide
service from July 1, 2011 through June 30, 2012.
FISCAL IMPACT
Funds are available in the Santa Ana Zoo
expenditure account (no. 01113220 62300).
A ., 4--- 0 -t-
Gerardo Mouet,
Executive Director
Parks, Rec. and Com. Svcs. Agency
at Prentice Park, Contractual Services - Professional
Approved as to Funds and Account:
4 ?,? mx L . T"Ir A :2 ?Lit 4
Francisco Gutierrez, --?y
Executive Director
Finance and Management Services Agency 1,,-
25E-1
25E-2
FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS AMENDMENT, made and entered into this 2°d day of May, 2011 by and between Scott
Weldy DVM, dba Serrano Animal & Bird Hospital (hereinafter "Consultant"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of the
State of California (hereinafter "City").
RECITALS
A. The parties entered into Agreement # A-2010-083, (said "Agreement") by which
Consultant has provided veterinarian services to the City.
B. The parties wish to amend the Agreement to modify the Compensation and Term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, except those amended in this Amendment, the parties agree as
follows:
1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following:
"2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit A to said Agreement. A maximum amount of $10,000 shall be
available for reimbursable expenses. Provided however, the total sum to be expended pursuant to
said Agreement shall not exceed $75,000, during the first renewal period, from August 1, 2011
through July 31, 2012."
2. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through July
31, 2012, unless terminated earlier in accordance with the terms of said Agreement.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SERRANO ANIMAL AND
BIRD HOSPITAL
SCOTT WELDY, DVM
Owner
25E-3
25E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE
AMENDMENT TO AGREEMENT WITH
SYSTEM INNOVATORS INCORPORATED
FOR COMPUTERIZED CASHIERING
SYSTEM HARDWARE AND MAINTENANCE
5"'CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2" Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Extend agreement with System Innovators, a division of Harris Computer Corporation, in an
annual aggregate limit not to exceed $26,000 for computerized cashiering software, hardware and
maintenance.
DISCUSSION
The Finance and Management Services Agency; Parks, Recreation and Community Services
Agency; and the Police Department use System Innovators' cashiering software and hardware to
process the receipt of City revenues. This includes payments for municipal utility services bills,
business license tax, hotel visitors' tax, parking citations and all other payments to the City.
The current system was approved by the City Council on September 15, 2001. Subsequently, the
City Council has approved annual maintenance and needed hardware for the continued
improvement of service to the community. This year, annual maintenance is $25,533.
Recommended action will provide for continued software maintenance and updates through
March, 2012.
FISCAL IMPACT
Funds are budgeted and available in the Treasury and Customer Services account (no. 01110130-
62300).
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25F-1
25F-2
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into on May 2, 2011, by and
between System Innovators, a division of Harris Computer Corporation ("Contractor") and the
City of Santa Ana, a charter city and municipal corporation of the State of California ("City").
RECITALS
A. The parties entered into Purchase and Software License Agreement #A2001-230, dated
September 4, 2001, (hereinafter "said Agreement") for the purchase of computer equipment
and supplies, licensing of computer software and hardware and software support.
B. In accordance with the terms and conditions of said Agreement, the hardware and software
support Agreement shall continue for succeeding one-year terms unless either party notifies
the other of its intent to terminate, in writing, 30 days prior to the end of the then current
term.
C. The parties intend to provide continuous, uninterrupted service, and therefore, desire to
execute this Amendment to acknowledge that the term has been extended for an additional
one-year period and to provide additional compensation for software and hardware
maintenance and anticipated purchase of additional hardware during the extended one-year
term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Amendment to
Agreement, the parties agree as follows:
1. The parties agree that Contractor shall continue to provide maintenance and support services
for the computerized cashiering system through March 31, 2012.
2. Compensation is hereby amended to increase compensation $26,000.00, to pay for software
maintenance and updates and hardware purchase, maintenance and repair services during the
one-year extended term, from April 1, 2011 through March 31, 2012. Said additional
hardware purchase may be made upon the written direction of the Executive Director of
Finance and Management Services at Contractor's then current list price.
Except as herein amended, all terms and conditions of said Agreement shall remain in full
force and effect.
//
25F-3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement the
date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SYSTEM INNOVATORS, a Division of
HARRIS COMPUTER CORPORATION
JIM SIMAK
CEO
25F-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
FUNDING ALLOCATIONS FOR THE
HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAM FISCAL
YEAR 2011 - 2012
(..CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached cooperative
agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana
in the amount of $600,000 for a one-year term for the implementation of the Housing
Opportunities for Persons with AIDS Tenant-Based Rental Assistance Program, subject to
non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute the attached cooperative
agreement with the County of Orange Health Care Agency in an estimated amount of
$921,133 for a one-year term to provide supportive housing services to HIV/AIDS individuals
in the County of Orange, subject to non-substantive changes approved by the City Manager
and City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on April 19, 2011, by a vote of 6:0, the Community Redevelopment and
Housing Commission approved the recommended actions.
DISCUSSION
Since 1993, the City of Santa Ana has received federal funds through the U. S. Department of
Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS
(HOPWA) Program to be used countywide. The HOPWA Program is designed to provide
resources and incentives for long-term comprehensive strategies to meet the housing needs of
persons with Acquired Immune Deficiency Syndrome (AIDS). Since the allocation of HOPWA
funds has not been finalized, an estimated grant amount of $1,568,178 for fiscal year 2011-2012
has been utilized.
25G-1
HOPWA Funding
May 2, 2011
Page 2
Eligible activities for the HOPWA Program includes: 1) new construction, acquisition and
rehabilitation of affordable housing; 2) provision of tenant-based rental assistance; 3) short-term
rental and mortgage payment assistance to prevent homelessness; 4) supportive social services
and housing information services; 5) technical assistance; and 6) administrative expenses incurred
by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City
of Santa Ana is required to consider the service needs of eligible persons who reside throughout
Orange County and approve funding for projects which may be located anywhere within the
County.
In order to ensure that the limited funds are prioritized, Housing Authority staff has worked closely
with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning
Council, and agencies throughout the County of Orange providing services to the HIV/AIDS
community. On December 9, 2010, a strategic planning meeting was held to determine priorities
for the fiscal year 2011-2012 funds. Representatives from the Orange County Health Care
Agency, service providers from throughout the county, HIV/AIDS infected and affected individuals
and Housing Authority staff participated in the meeting.
Based on the strategic planning meeting, the 2011-2012 fiscal year funding recommendations
were established. The recommended funding levels include: 1) $600,000 to continue the Tenant-
Based Rental Assistance Program with the Housing Authority of the City of Santa who will
subcontract with AIDS Services Foundation Orange County to administer the wait list; 2) $921,133
to the Orange County Health Care Agency for supportive housing services to individuals
throughout Orange County and $47,045 for administrative costs.
FISCAL IMPACT
Funds are available in the HOPWA Program account (nos. 40518760-69158, 40518761-69135,
40518761 various and 40518760-69136).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. Ed rds Francisco Gutierrez }, o
Interim Execu ' e Director Executive Director (N?
Community Development Agency Finance & Management Services Agency
NTE/SLB/TE/mlr
Exhibit: 1. Cooperative Agreement - City & Housing Authority
2. Cooperative Agreement - County & City
25G-2
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
THE SANTA ANA HOUSING AUTHORITY
This Cooperative Agreement entered into this 1" day of July, 2011, which date is
enumerated for purpose of reference only, is by and between the City of Santa Ana
("City") and the Santa Ana Housing Authority ("Project Sponsor"). This Agreement
shall be administered by the City of Santa Ana.
RECITALS :
A. City on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban
Development ("HUD") pursuant to the Housing Opportunities for Persons With AIDS
("HOPWA") Program; and
B. City has entered into a HOPWA grant agreement with HUD; and
C. Project Sponsor has provided leadership and is responsible for planning and
providing comprehensive HIV services for clients throughout Orange County and will
maintain the wait list for the program; and
D. Project Sponsor will provide services to support the Tenant-Based Rental
Assistance Program which consists of financial eligibility of tenants, HQS inspections,
and financial responsibility for housing assistance payments to landlords; and
E. The parties have cooperatively written and agree to an Administrative Plan
which identifies guidelines for the operation of the HOPWA Tenant-Based Rental
Assistance Program.
NOW, THEREFORE, the parties mutually agree as follows:
1. ALTERATION OF TERMS
A. The parties anticipate that this Agreement may be amended, or followed by additional
agreements, to implement additional services and funding of the type covered by
this Agreement.
B. This Agreement fully expresses all understanding of City and Project Sponsor
with respect to the subject matter of this Agreement, and shall constitute
the total Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement, whether written or verbal, shall be valid
unless made in writing and formally approved and executed by each party.
EXHIBIT 1
25G-3
II. SERVICES
A. City shall serve as "HOPWA Grantee" for the purpose of contracting with
organizations to provide Tenant-Based Rental Assistance to persons disabled
due to HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with the other agencies or contractors within the County, if
deemed necessary and advisable to do so by City; provided however, the
obligations and rights covered by this Agreement shall not be altered or
reduced, except as mutually agreed to in writing by City and Project Sponsor.
C. City shall conduct an ongoing assessment of the Tenant-Based Rental
Assistance Program.
D. Project Sponsor shall assure the adequate provision of supportive services to
applicants/participants to ensure program success.
E. Project Sponsor shall comply with such other terms and conditions, including
record keeping and reports for program monitoring and evaluation purposes, as
HUD may establish for purposes of carrying out the program in an effective and
efficient manner. Annual progress reports will be prepared by Project Sponsor in
a form consistent with HUD publications HUD-40110-C (8/94). In addition,
Project Sponsor shall forward quarterly narrative reports to City identifying
accomplishments as HOPWA Project Sponsor for Tenant-Based Rental
Assistance for persons with HIV disease. These reports are to be submitted in
conjunction with payment/cost reports identified in Section IV of this Agreement
along with a summary of program budgets and financial disbursements made
under the terms of this Agreement.
F. "Contract Officers" means the City's Housing Manager or designee and
Project Sponsor's designee.
G. See Attachment I for detailed services and related cost breakdown
III. BUDGET
The following budget is an estimate only of the cost of providing the services hereunder
for the term July 1, 2010 through June 30, 2011. This budget may be modified by mutual
written agreement of the Contract Officers.
Administration,
TOTAL (Maximum Obligation) $600,000.00
25G-4
IV. PAYMENTS/COST REPORT
A. 1) City shall pay Project Sponsor for the actual costs of providing the
administration of services hereunder, whether provided directly by
Project Sponsor, provided, however, the total of all
payments to Project Sponsor shall not exceed the Maximum
Obligation as specified in Section III of the Agreement.
2) City shall draw down HOPWA funds designated for rental subsidy
payments on a monthly basis after receipt of certification of
individual of individual tenant subsidy amounts. After final
approval by City, funds will be disbursed to landlords.
B. Project Sponsor shall invoice City monthly exclusive of rental subsidy
payments, in arrears, based on. the actual cost of providing and contracting for
the services hereunder. City shall pay Project Sponsor no later than thirty (30)
days following receipt of such invoice. Monthly payments are interim
payments only, and are subject to final settlement and reconciliation to the
final Cost Report submitted by Project Sponsor.
C. All billings by Project Sponsor shall be accompanied by copies of source
documentation including, but not limited to, journals, time sheets, canceled
checks, and records of cost incurred by Project Sponsor in the performance of
this Agreement.
D. At such times and in such a format as the Contract Officers mutually agree in
writing, Project Sponsor shall prepare and submit to City reports of cost
incurred by Project Sponsor in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical reports(s) submitted by
Project Sponsor to City, and shall serve as the basis for final Settlement of this
Agreement. The Cost Reports(s) shall detail all costs incurred by Project
Sponsor to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by Project
Sponsor to provide services hereunder. If the Cost Report(s) indicates the total
of City's payments to Project Sponsor are less than Project Sponsor's cost to
provide the services hereunder, City shall pay Project Sponsor the difference;
provided, however, the total payment shall not exceed the Maximum
Obligation. If the Cost Report(s) indicates the total of City's payments to
Project Sponsor are higher than Project Sponsor's cost of providing the
services hereunder, Project Sponsor shall pay City the difference. Payment
due pursuant to the Cost Report(s) shall be made within thirty (30) days of
the Final Settlement determination.
25G-5
G. Any funds not expended by fiscal year end, June 30, 2012 shall be returned to
City. Said unexpended funds shall be reallocated by City through the
HOPWA Program.
V. DISPUTE RESOLUTION
A. Any party may give written notice to the other setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract
Officers on behalf of the parties. The Officers shall have fifteen (15) working days
following such notice to obtain resolution of any issues(s) identified in this manner,
provided, however, by mutual consent this period of time may be extended to thirty
(30) days.
B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the
written notice described above to the Deputy City Manager for Development Services
and to City's Housing Manager for resolution. If the Officers are unable to prepare a
joint statement, each shall submit separate statements to the previously listed within
the thirty (30) day period. Such persons shall meet and make their best effort to
resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the Deputy City Manager for
Development Services and the Santa Ana City Manager shall be documented in the
form of written correspondence exchanged by such persons within ten (10) days
following their meeting.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend, and hold harmless the other party, its
officers, agents and employees from all liability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its officers, agents or employees or the condition of
property used in the performance of this Agreement.
VII. INSURANCE
With respect to performance of work under this Agreement, Project Sponsor shall
maintain and shall require its subcontractors, if any, to maintain insurance as described
below:
1. Worker's compensation insurance within statutory legal limits, and
2. Commercial General Liability insurance with limits of not less than
$1,000,000 per accident/incident.
Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish
properly executed certificates of insurance and additional insured endorsement to the City
4
25G-6
which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to
the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
replace such certificates for policies expiring prior to the expiration of this Agreement.
VIII. INSPECTIONS AND AUDITS
A. Any authorized representative of City, the Comptroller General of the United States,
the United States Department of Housing and Urban Development or any of their
authorized representatives, shall have access to City books, documents, records,
which such persons deem pertinent to this Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of
retention set forth in the Records/Confidentiality paragraph of this Agreement and the
premises in which they are provided.
B. City shall actively participate and cooperate with any persons specified in
subparagraph A above in any evaluation or monitoring of the services provided
pursuant to the Agreement, and shall provide the above mentioned persons adequate
office space to conduct such evaluation or monitoring.
IX. LICENSES AND LAW
A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, approvals,
certificates, waivers and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, State of
California, City, and any other applicable governmental agencies.
B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the
services provided hereunder, as any may now exist or be hereafter changed. These
laws, rules, and regulations shall include, but not limited to the following:
1. United States Code (U.S.C.), title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing
Opportunities for Persons with AIDS.
3. Office of Management and Budget (OMB) Circular No. A-122, Cost i_
Principles for nonprofit organizations.
4. OMB Circular No. A-133, Audits of Institutions of Higher Education and j
Other Nonprofit Institutions.
25G-7
IX. NONDISCRIMINATION
A. Employment - Project Sponsor warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the Federal Equal Opportunity Commission and all appropriate state
laws and regulations.
B. Services, Benefits, and Facilities - Project Sponsor and its contractors, shall not
discriminate in the provision of services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age, sexual preference,
medical condition, or physical or mental handicap in accordance with Title VI of the
Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by state law and
regulations, as all may now exist or be hereafter amended or changed.
C. Disabled Individuals - Project Sponsor and its contractors agree to comply with the
provisions of Section 504 of the Rehabilitation Act of 1973 (20 U. S.C. 794 et seq., as
implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination
against qualified handicapped persons in all programs or activities, as they exist now
or may be hereafter amended together with succeeding legislation.
D. Retaliation -Project Sponsor and its employees, agents, or contractors shall not
intimidate, coerce or take adverse action against any person for the purpose of
interfering with rights secured by federal or state laws, or because such person has
filed a complaint, certified, assisted or otherwise participated in an investigation,
proceeding, hearing or any other activity undertaken to enforce rights secured by
federal or state law.
X. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
statements authorized or required by this Agreement shall be effective when
written and deposited in the United States mail, first class postage prepaid and
addressed as specified in this Agreement.
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified below.
C. For purposes of this Agreement, any notice to be provided by City may be given
by Contract Officers.
Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
6
25G-8
ty
City of Santa Ana
Attn: Executive Director CDA
20 Civic Center Plaza (M-25)
Santa Ana, CA 92701
Proiect Sponsor:
Santa Ana Housing Authority
Attn: Housing Manager
20 Civic Center Plaza (M-27)
Santa Ana, CA 92701
XI. RECORDS/CONFIDENTIALITY
A. The parties, and any subcontractors, shall prepare and maintain any records required
by laws, regulations, and procedures applicable to their responsibilities under this
Agreement.
B. The parties agree to maintain the confidentiality of any records which pertain to this
Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
XH. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of
this Agreement contravenes any federal, state or county statute, ordinance, or regulation,
the remaining provisions of this Agreement or the application thereof shall remain valid,
and the remaining provisions of this Agreement shall remain in full force and effect, and
to that extent the provisions of this Agreement are severable.
XIII. STATUS OF CONTRACTOR
The Housing Authority is, and at all times shall be deemed to be, an independent
contractor and shall be wholly responsible for the manner in which they perform the
services required by the terms of this Agreement. The Housing Authority is, and at all
times shall be deemed to be, entirely responsible for compensating staff and consultants
employed by the Housing Authority. This Agreement shall not be construed as creating
the relationship of employer and employee, or principal and agent, between City and the
Housing Authority employees, agents, or subcontractors. The Housing Authority
assumes exclusively the responsibility for the acts of its employees, agents or
subcontractors as they relate to the services to be provided during the course and scope of
their employment. The Housing Authority, its agents, employees, or subcontractors, shall
25G-9
not be entitled to any rights or privileges of City employees and shall not be considered in
any manner to be City employees.
XIV. NON-ASSIGNABILITY AND DELEGATION
Project Sponsor shall not assign any rights under this Agreement except
upon written authorization from City.
XV. TERM
The term of this Agreement shall commence July 1, 2011 and terminate June 30,
2012, unless terminated earlier as provided in this Agreement; provided, however, the
Santa Ana Housing Authority shall be obligated to perform such duties as would
normally extend beyond this term, including but not limited to, obligations with respect
to indemnification, audits, reporting and accounting.
XVI. TERMINATION
A. Any party may terminate this Agreement, without cause, upon ninety (90) days
written notice given the other parties.
B. Any party may terminate this Agreement, upon thirty (30) days written notice given
the other parties for material breach after failure to resolve the breach pursuant to the
Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of City and the Housing Authority provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and remedies provided by law or under this Agreement.
XVII. THIRD PARTY BENEFICIARY
No party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVIII. WAIVER OF DEFAULT OR BREACH
Waiver of any default the Housing Authority or City shall not be considered
a waiver of any subsequent default. Waiver of any breach by the Housing Authority or
City of any provision of this Agreement shall not be considered a waiver of any
subsequent breach. Waiver of any default of any breach by the Housing Authority or
City shall not be considered a modification of the terms of this Agreement.
25G-10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
stated above.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO CONTENT:
David N. Ream
City Manager
APPROVED AS TO FORM:
City Attorney
By: Lisa E. Storck
Assistant City Attorney
HOUSING AUTHORITY
Nancy T. Edwards
Interim Executive Director
9
25G-11
25G-12
COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
This Cooperative Agreement ("Agreement") is hereby entered into for the term of July 1,
2011 through June 30, 2012, by and between the City of Santa Ana, a charter city and
municipal corporation organized under the Constitution and laws of the State of California
("City") and the County of Orange ("County").
Recitals
A. City, on behalf of all jurisdictions in Orange County, has'been designated to
receive grant funding provided by the U.S. Department of Housing and Urban Development
(HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) program;
and
B. City has entered into a HOPWA grant agreement with HUD; and
C. County has provided leadership and is responsible for planning, providing and
contracting for comprehensive HIV services and has prepared, in conjunction with the HIV
Planning Council, Orange County's HIV Plan for providing such services; and
D. City wishes to contract with County in order that County may obtain
supportive housing services by contract for persons with HIV disease, which services shall be
administered and monitored by County, and
E. County is agreeable to rendering such services on the terms and conditions
hereinafter set forth;
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. COUNTY SERVICES
A. County shall serve as "HOPWA Project Sponsor" for the purpose of
contracting with organizations to provide supportive housing services, to persons with
HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with other political subdivisions within the County, if deemed necessary and
advisable to do so by City; provided however, the obligations and rights covered by this
Agreement shall not be altered or reduced, except as mutually agreed to in writing by City
and County.
C. County shall utilize competitive bidding and contracting procedures for
supportive housing services as required in HOPWA program regulations. As HOPWA
Project Sponsor, County's responsibilities and payments cover appropriate monitoring and
administration of contracts resulting from competitive bid.
D. County shall ensure that each agency subcontractor receiving funds through
this Agreement operates in accordance with the requirements of the applicable HUD
regulations for the HOPWA Program and other federal, state and local regulations as
appropriate. EXHIBIT 2
25G-13
E. County shall conduct an ongoing assessment of the supportive housing
services required by the participants in the program.
F. County shall assure the adequate provision of supportive services to the
participants in the program; and
G. County shall comply with such other terms and conditions, including record
keeping and reports for program monitoring and evaluation purposes, as HUD may establish
for purposes of carrying out the program in an effective and efficient manner. Quarterly and
Annual progress reports will be submitted by County within forty-five (45) days after the
quarter/year ends in a form consistent with HUD publication HUD40110-C (11/97) or any
other form that HUD may require. [See Exhibit A (Quarterly Report) and Exhibit B (Annual
Report) attached hereto and incorporated herein by reference]. These reports shall include
copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement,
copies of contracts between County and service providers, as well as a summary ofprograrn
budgets and financial disbursements made under the terms of this Agreement.
H. "Contract Officers" means the County's Health Care Agency Contract
Development and Management Manager or designee and the City's Housing and
Neighborhood Development Manager.
1. County shall ensure that any County Subgrantee/Subcontractor receiving
funds through this Agreement is informed that it must abide by the same terms and
conditions and responsibilities as set forth in this Agreement for the County to follow.
II. BUDGET
A. The following budget is an estimate only, of the costs of providing the services
hereunder. This budget may be modified by mutual written agreement of the Contract
Officers. The maximum obligation hereunder is $921,133.
Supportive Housing Services $856,654
Administration* (see B. below) 64,479
$921,133
B. The Administration costs shall be seven percent (71/o) of the actual expended
grant funds.
C. All services and expenditures will be performed by June 30, 2012 and invoiced by
August 15, 2012. Any remaining funds under this Agreement will be de-obligated upon
termination of this Agreement.
III. PAYMENTS/COST REPORT
A. City shall pay County for the actual costs of providing the services hereunder,
whether provided directly by County or its subcontractors, provided, however, the total of all
payments to County shall not exceed the Maximum Obligation as specified hereinabove.
B. County shall invoice City monthly, in arrears, based on the actual cost of providing
and contracting for the services hereunder. County shall submit each invoice within forty-
five (45) days after the end of each month. City shall pay County no later than thirty (30)
2
25G-14
days following receipt of such invoice and complete documentation of services performed,
cost and number of persons served, and Monthly Invoice Summary (See Exhibit C attached
hereto and incorporated herein by reference). Final invoice must be submitted by August 15,
2011.
C. All invoices submitted by County shall be accompanied by source documentation
including, but not limited to, journals, time sheets, canceled checks, invoices and records of
services provided.
D. At such times and in such a format as the Contract Officers mutually agree in writing,
County shall prepare and submit to City report(s) of administrative costs incurred by County
in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to
City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s)
shall detail all costs incurred by County to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by County to provide
services hereunder. If the Cost Report(s) indicates the total of City's payments to County are
less than County's cost to provide the services hereunder, City shall pay County the
difference; provided, however, the total payment shall not exceed the Maximum Obligation.
Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final
Settlement determination.
IV. DISPUTE RESOLUTION
A. Either party may give written notice to the other, setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract Officers
on behalf of the parties. The Officers shall have fifteen (15) working days following such
notice to obtain resolution of any issue(s) identified in this manner, provided, however, by
mutual consent this period of time maybe extended to thirty (30) days.
B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the written
notice described above to the Orange County Health Care Agency (HCA) Director and to the
Executive Director of the Community Development Agency (CDA) or designee for
resolution. If the Officers are unable to prepare a joint statement, each shall submit separate
statements to the HCA Director and Executive Director of City's Community Development
Agency within the thirty (30) day period. Such persons shall meet and make their best effort
to resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or
designee shall be documented in the form of written correspondence exchanged by such
persons within ten (10) days following their meeting.
25G-15
V. INDEMNIFICATION
Each parry agrees to indemnify and hold harmless the other party, its officers, agents,
and employees from all liability, claims, losses and demands, including defense costs,
whether resulting from court action or otherwise, arising out of the acts or omissions of the
indemnifying party, its officers, agents or employees or the condition of property used in the
performance of this Agreement.
VI. INSPECTIONS AND AUDITS
A. Any authorized representative of City, any authorized representative of the State of
California, the Secretary of the United States Department of Health and Human Services, the
Comptroller General of the United States Department of Housing and Urban Development or
any of their authorized representatives, shall have access to County books, documents, and
records, which such persons deem pertinent to the Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of retention set
forth in the Records/Confidentiality paragraph of this Agreement and the premises in which
they are provided.
B. County shall actively participate and cooperate with any person specified in
subparagraph A. above in any evaluation or monitoring of the services provided pursuant to
this Agreement, and shall provide the above mentioned persons adequate office space to
conduct such evaluation or monitoring.
VII. LICENSES AND LAW
A. County, its officers, agents, employees, and subcontractors shall, throughout the term
of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers
and exemptions necessary for the provision of the services hereunder and required by the
laws and regulations of the United States Department of Health and Human Services, State of
California, County and any other applicable governmental agencies.
B. County shall comply with all laws, rules or regulations applicable to the services
provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and
regulations shall include, but not be limited to the following;
1. United States Code (U.S.C.A.), Title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities
for Persons with AIDS.
3. CFR Title 24, Part 85, Common Rule to the Community Development Block
Grant Entitlement Program.
4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles
for State and Local Governments.
5. OMB Circular No. A-128, Single Audit Act of 1984.
4
25G-16
VIII. NONDIS CRIMINATION
A. EMPLOYMENT - County warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the United States Equal Opportunity Commission and all appropriate state and
federal laws and regulations.
B. SERVICES,. BENEFITS, AND FACILITIES - Neither County, nor any of its
contractors, shall discriminate in the provision or services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual
preference, medical condition, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by State law and
regulations, as all may now exist or be hereafter amended or changed.
C. DISABLED INDIVIDUALS - County and its contractors shall agree to comply with
the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as
implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42
U.S_C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified
disabled persons in all programs or activities, as they exist now or may be hereafter amended
together with succeeding legislation.
D. RETALIATION - Neither County, nor its employees, agents, or contractors shall
intimidate, coerce or take adverse action against any person for the purpose of interfering
with rights secured by Federal or State laws, or because such person has filed a complaint,
certified, assisted or otherwise participated in an investigation, proceeding, hearing or any
other activity undertaken to enforce rights secured by Federal or State law.
IX. NOTICES
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed
by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
25G-17
With courtesy copies to:
City of Santa Ana
HOPWA Coordinator
20 Civic Center Plaza (M-27)
Santa Ana, California 92702-1988
To County: County of Orange
Health Care Agency
Contract Development and Management
405 West 5' Street, 6" Floor
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid,
and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given twenty-
four (24) hours after the time set forth on the transmission report issued by the transmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
X. RECORDS/CONFIDENTIALITY
a. The parties, and any subcontractors, shall prepare and maintain any records
required by laws, regulations and procedures applicable to their responsibilities under this
Agreement.
b. The parties agree to maintain the confidentiality of any records which pertain to
this Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
c. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party
by any subsidiary and/or agent of the other party is covered by this Agreement.
XI. JURISDICTION/VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance, and enforcement of any of the clauses of this
6
25G-18
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
XII. SEVERABILITY
. If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of this
Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the
remaining provisions of this Agreement or the application thereof shall remain valid, and the
remaining provisions of this Agreement shall remain in full force and effect, and to that
extent the provisions of this Agreement are severable.
XM- INDEPENDENT CONTRACTOR
County is, and shall at all times be deemed to be, an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it by the
terms of this Agreement. County is entirely responsible for compensating staff and
consultants employed by County. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between County and City or
any of County's employees, agents, or subcontractors, or principal and agent, between
County and City or any of County's employees,. County assumes exclusively the
responsibility for the acts of its employees, agents or subcontractors as they relate to the
services to be provided during the course and scope of their employment. County, its agents,
employees, or subcontractors, shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be City employees.
XIV. TERM
The term of this Agreement shall commence and terminate as specified herein, unless
otherwise sooner terminated as provided in this Agreement; provided, however, County shall
be obligated to perform such duties as would normally extend beyond this term, including
but not limited to, obligations with respect to indemnification, audits, reporting and
accounting.
XV. TERMINATION
A. Either party may terminate this Agreement, without cause, upon ninety (90)
days written notice given the other party.
B. Either party may terminate this Agreement, upon thirty (30) days written
notice given the other party for material breach after failure to resolve the breach pursuant to
the Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of County or City provided in this Termination
7
25G-19
paragraph shall not be exclusive, and are in addition to any other rights and remedies
provided by law or under this Agreement.
XVI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVa. WAIVER OF DEFAULT OR BREACH
Waiver of any default by County or City shall not be considered a waiver of any
subsequent default. Waiver of any breach of County or City of any provision of this
Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default
or any breach by County or City shall not be considered a modification of the terms of this
Agreement.
XVM. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25G-20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of
Orange, State of California, on the date and year first above written.
ATTEST: CITY OF SANTA ANA:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
COUNTY OF ORANGE
BY:
CHAIRMAN OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT RAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DEPUTY
9
25G-21
25G-22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
May 2, 2011
TITLE:
CONTRACT RENEWAL WITH LAWSON
SOFTWARE FOR FINANCIAL SYSTEM
MAINTENANCE (A-2008-037)
A"CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize renewal of current agreement no. A-2008-037 with Lawson Software Americas, Inc. for
maintenance, software and service for the Lawson Financial system in an amount not to exceed
$190,000 annually, for a three year period.
DISCUSSION
On March 3, 2008, the City Council approved an agreement with Lawson Software Americas, Inc. to
purchase the Lawson financial system. The system went live in September 2009 and replaced a
legacy mainframe system that was over 20 years old, no longer supported, and was not meeting the
City's financial requirements. The Lawson system is an enterprise system used by all City
departments to process, track, and report on the City's financial information and transactions. Key
functions include general ledger, grant management, projects and activities, accounts payable, cash
management, billing, accounts receivable, asset management, requisitions, purchase orders,
inventory, business intelligence and reporting.
The agreement provides for an annual software maintenance and support plan that entitles the City to
receive software updates and technical support services. In addition, staff is requesting a
contingency for additional Lawson professional services and software licenses required to maintain,
optimize, and improve the system and City processes to maximize staff efficiency.
FISCAL IMPACT
Funds are available in the Finance Management Lawson Contract Services account (accounting unit-
account no. 10910141-62300).
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
25H-1
25H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
May 2, 2011
TITLE:
CONTRACT RENEWAL WITH COMPULINK
MANAGEMENT CENTER, INC. FOR
DOCUMENT MANAGEMENT SYSTEM
MAINTENANCE (A-2004-004)
r
(,±-CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize renewal of current agreement no. A-2004-004 with Compulink Management Center,
Inc. for maintenance, software and service for the Laserfiche Document Management system in
an estimated annual amount of $85,000 not to exceed $255,000 over a three-year period.
DISCUSSION
In 2002, after a study of the City's document imaging needs and evaluation of technology
solutions and a Staff recommendation, the City Council authorized the execution of an agreement
with Compulink Management Center, Inc., for the implementation of the Laserfiche document
management system. Compulink is the market leader in municipal government document
management systems. Its system is in use at other Orange County cities and throughout the
state and country.
The system allows Staff to electronically store, index, process, and retrieve pertinent City records
in document repositories. It is in use in the Clerk of the Council's Office, Finance and
Management Services Agency, Public Works Agency, Community Development Agency,
Housing Authority, Planning and Building Agency, and Police Department. The system is
integrated with the City's financial, municipal utility services, business license tax, dog license,
and GIS systems allowing access to related business documents and engineering drawings from
the corresponding business application systems.
Staff has experienced greater operational efficiency and customers improved service by
significant reduced document and drawing retrieval time. The system has also reduced physical
document storage space requirements and enhanced the City's records retention program.
251-1
Document Management System Maintenance
May 2, 2011
Page 2
The agreement provides for an annual software maintenance and support plan that entitles the
City to receive software updates and technical support services. In addition, staff is requesting a
contingency for additional professional services and software licenses required to maintain,
optimize, and improve the system and City processes to maximize staff efficiency.
FISCAL IMPACT
Funds are available in the Contract Service:
Strategic Plan Customer Service System (no.
(no. 01114425), and Inmate Welfare Fund (no
Paul Walters
Chief of Police
Police Department
account (no. 62300) of the Information Systems
10910144), Police Department Computer Systems
02314475) accounting units.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director Executive Director
Finance and Mgmt. Services Agency
251-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
CONSOLIDATED PLAN ANNUAL UPDATE
J
-WCITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve the Consolidated Plan Annual Update and authorize the submittal to the U. S.
Department of Housing and Urban Development.
2. Authorize the City Manager or his designee to make any necessary modifications to the 2011-
2012 Action Plan to reflect the actual grant amounts once released by the U. S. Department
of Housing and Urban Development.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on April 19, 2011, by a vote of 6:0, the Community Redevelopment and
Housing Commission approved the recommended actions.
DISCUSSION
Each year the City of Santa Ana receives funding from various formula grant allocation programs
administered by the U. S. Department of Housing and Urban Development (HUD). These funds
provide for affordable and supportive housing, community development programs, public services
and economic opportunities. The programs include the Community Development Block Grant
(CDGB), the HOME Investment Partnership Grant (HOME), the Emergency Shelter Grant (ESG),
and the Housing Opportunities for Persons with AIDS (HOPWA) Grant. HOPWA funds have been
provided to the City of Santa Ana since the inception of the program for use throughout the County
to provide resources, supportive services and incentives for long-term comprehensive strategies to
meet the housing needs for persons with HIV/AIDS.
The federal budget has not been finalized; therefore, HUD has not notified the City of the actual
funding amounts it will receive for the 2011-12 fiscal year. The estimated amounts expected are
as follows:
29A-1
Consolidated Plan Annual Update
May 2, 2011
Page 2
Program Allocation Program Allocation
CDBG $6,800,000 ESG $300,000
HOME $2,613,050 HOPWA $1,568,178
Every five years the City must submit to HUD its Consolidated Plan. This is a five-year
comprehensive planning document and application for all of these programs. It describes a
strategy to meet the needs of the community and identifies resources and programs that can be
used to address them. In May of 2010, the Five Year Plan for the period of July 1, 2010 to June
30, 2015 was submitted to HUD. Each year the City is required to submit an Annual Update to the
Consolidated Plan. This document establishes a one-year investment plan that outlines the
intended use of resources in the forthcoming fiscal year. The proposed Annual Update covers the
2011-12 fiscal years. It reaffirms the established policy of allocating funding in neighborhoods
where programs and resources would have a maximum impact. In addition, key programs will
continue to be operated throughout the City (and distributed Countywide for HOPWA funds) in
order to better serve the diverse needs in the community.
HUD regulations require that the draft Annual Update be made available for a 30-day public review
and comment period. On March 17, 2011, notification was published in the Orange County
Register that the draft plan was available for review beginning March 18, 2011, and that the public
hearing would be held on April 19, 2011. It was also noticed in La Opinion and Nguoi Viet as well
as on the City's website. The 30-day public comment period concluded on April 19, 2011, at 12
noon. In accordance with Federal regulations, all neighboring jurisdictions were also informed of
the draft's availability for review. All comments received, including all funding recommendations
made by the City Council, will be included in the final document, which is due to HUD no later than
May 16, 2011.
FISCAL IMPACT
There is no fiscal impact associated with this action.
UW a Aj,
Nancy T. Ed rds
Interim Execu ive Director
Community Development Agency
NTE/TE/mlr
Exhibit: 1. Draft Annual Update
29A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2011
TITLE:
AMENDMENT TO RESOLUTION NUMBER
2001-065 TO PROVIDE FOR CONTINUATION
OF ADDITIONAL PARTIALLY-PAID
TEMPORARY MILITARY LEAVE OF
ABSENCE FOR CITY EMPLOYEES CALLED
TO ACTIVE DUTY
l
Lv '° ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED
TO
FILE
NUMBER
Adopt a resolution authorizing the City Manager to continue to provide additional partially-paid
temporary military leave of absence and dependent benefits for City employees called to active
duty with the armed forces.
DISCUSSION
On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001-065, providing for
additional partially-paid temporary military leave of absence for full-time officers or employees of
the City called to active military service with the Armed Forces of the United States in connection
with the then-current military crisis, and for continuation of dependent benefits. That Resolution
also provided that its terms would expire unless extended by further action of the City Council.
The City Council has subsequently adopted resolutions extending the termination date of
Resolution No. 2001-065. By adopting the subject Resolution, the City Council will extend the
termination date to June 30, 2012, and continue to assist City employees and their families with
financial hardships resulting from active duty service in connection with the continuing current
military commitment.
55A-1
Amendment to Resolution Number 2001-065
May 2, 2011
Page 2 of 2
FISCAL IMPACT
Funds are available in the following affected departmental accounts: Salary (Account 61000) and
Health Insurance (Account 61130).
APPROVED AS TO FUNDS AND ACCOUNTS:
C: A?\AVZSQ, ',? -?, , -
Kathie Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance and Management Services Agency ?.
55A-2
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING RESOLUTION NO. 2001-065 TO
PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-
PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR
CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE
ARMED FORCES AND CONTINUATION OF BENEFITS FOR
THEIR DEPENDENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On October 1, 2001, the City Council of the City of Santa Ana adopted
Resolution No. 2001-065 providing for an additional partially-paid
temporary military leave of absence for each full-time officer or employee
of the City who has been or will be called to active military service with the
Armed Forces of the United States in connection with the current
continuing military crisis. This Resolution has been extended since its
initial adoption in 2001.
B. The pay and benefits authorized by Resolution No. 2001-065, as
amended, will terminate unless extended by further action of the City
Council or otherwise required by law.
C. The City Council wishes to continue to help City employees and their
families with financial hardships resulting from being called to active duty
for more than thirty (30) continuous days in connection with the current
continuing military crisis.
Section 2: That Section 5 of Resolution No. 2001-065, as amended, is further
amended to read as follows:
"Section 5. This Resolution, and the pay and benefits authorized herein,
shall terminate and be of no further force or effect on midnight, June 30, 2012, unless
extended by further action of the City Council or otherwise required by law."
Section 3: That except as amended by this Resolution, all other provisions of
Resolution No. 2001-065, as amended, shall remain in full force and effect.
Section 4: This Resolution shall be operative from and after May 2, 2011.
55A-3
ADOPTED this 2nd day of May, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
City Attorney's Office
By:
Joseph Straka
Acting City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2011
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2011-02 TO ALLOW HEALTH
CLUBS IN THE ARTERIAL COMMERCIAL
ZONING DISTRICT AND VARIANCE NO. 2011-
03 TO ALLOW A REDUCTION IN PARKING FOR
GOLD'S GYM AT 1945 EAST SEVENTEENTH
STREET, UNIT 103 - BANNICK ARCHITECTS,
APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2" d Reading
? Implementing Resolution
? Set Public Hearing For
?+?-//J '7,5A
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2011-02.
2. Adopt a resolution approving Variance No. 2011-03 as conditioned.
PLANNING COMMISSION ACTION
On March 29, 2011, the Planning Commission recommended that the City Council adopt an
ordinance approving Zoning Ordinance Amendment No. 2011-02 and adopt a resolution
approving Variance No. 2011-03 as conditioned by a vote of 6:0 (Gartner absent) to modify the
permitted uses in the Arterial Commercial (C5) zoning district to allow health clubs and
gymnasiums and to allow a reduction in parking for a Gold's Gym at 1945 East Seventeenth
Street, Unit 103 (Exhibit A). The Planning Commission added a Police Department condition
requiring the submittal of a security plan for the project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
a .Trevino
Executive Director
Planning & Building Agency
VF:rb
vf\reports\zoa 11-02&va 11-03 1945E 17th.cc
Exhibit: A. Planning Commission Staff Report
75A-1
75A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 28, 2011
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2011-02 TO ALLOW HEALTH
CLUBS IN THE ARTERIAL COMMERCIAL ZONING
DISTRICT AND VARIANCE NO. 2011-03 TO ALLOW
A REDUCTION IN PARKING FOR GOLD'S GYM AT
1945 EAST SEVENTEENTH STREET, UNIT 103
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Man er
1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2011-02.
2. Adopt a resolution approving Variance No. 2011-03 as conditioned.
DISCUSSION
Request of the Applicant
Bannick Architects, representing Gold's Gym, is requesting approval of a zoning ordinance
amendment and variance in order to allow a Gold's Gym facility at the Metroplace retail center located
at 1945 East Seventeenth Street, Unit 103. Specifically, the applicant is requesting approval to
modify the provisions of the Arterial Commercial (C-5) zoning district to add health clubs as a
permitted use and a variance from Section 41-1375 of the Santa Ana Municipal code (SAMC) to allow
a reduction in parking.
Project Location and Site Description
The subject property is located at 1945 East Seventeenth Street, Unit 103, between Sherry Lane and
Old Tustin Avenue. The site is approximately 9.5 acres in size, rectangular in shape and is
developed with four buildings: an 8,000 square foot multi-tenant commercial building; a 3,000 square
foot Carl's Jr. fast-food restaurant; a 54,000 square foot Orchard Supply Hardware store; and a
57,000 square foot, two-story building that currently contains several fast-casual restaurants on the
first floor with the second floor being vacant. Gold's Gym will be locating within the two-story building
and intends to occupy a total of 42,770 square feet, primarily on the second floor.
The site is surrounded by single-family residential uses to the north, commercial and office uses to the
south and west, and commercial uses to the east (Exhibits 1 and 2).
4
75A-3
Zoning Ordinance Amendment No. 2011-02
Variance No. 2011-03
March 28, 2011
Page 2
Protect Description
The proposed project consists of interior tenant improvements to an existing building to allow a Gold's
Gym facility. As stated previously, Gold's Gym will be occupying approximately 42,770 square feet of
floor space within the two-story building, comprised of 4,800 square feet on the ground floor and the
entire 37,970 square foot second floor. Within the first floor, an entry lobby, retail space, a reception
area, a childcare center and office space will be provided. The second floor will consist of the health
club functions and will include areas for free weights, circuit training, cardio fitness equipment,
aerobics rooms and men's and women's showers and lockers. An outdoor pool, surrounded by a six
foot high block wall, will be provided at the rear of the building. No other exterior improvements are
proposed. Primary access to the project will be provided from the existing driveways on Seventeenth
Street (Exhibits 3, 4 and 5).
Proiect Background
In 1997, a general plan amendment, zone change, conditional use permit and variance were
approved to allow the construction of The Home Place Shopping Center, a five building retail and
restaurant center. The approvals allowed the development of an Orchard Supply Hardware (OSH)
building, a Carl's Jr. Restaurant and a multi-tenant retail building containing a bank, yogurt shop and
preschool uses. In 2008, the building that would house the proposed Gold's Gym building was
constructed as the final phase of the retail center. Since its opening in 2009, the building has been
partially occupied by various restaurant uses. In 2009, a Buffalo Wild Wings facility was approved
and intended to occupy approximately 6,000 square feet of the first floor of the building; however, due
to a change in the economy, the restaurant was never built.
General Plan and Zoning Analysis
The General Plan land use designation for the site is General Commercial (GC), which allows for
commercial and office uses. General Commercial Districts are primarily located on commercial
corridors and major arterial roadways in the City. They provide accessible commercial
development along the City's arterials as well as provide support facilities and services, including
offices, restaurants and various other services. The project is consistent with this General Plan
land use designation.
The subject site is located in the Arterial Commercial (C5) zoning district. The C5 zone is a limited
commercial zone that allows for certain commercial and office uses, but does not allow health
clubs and/or gymnasiums. If the zoning ordinance amendment is approved, the proposed use will
become consistent with the zoning.
75A-4
Zoning Ordinance Amendment No. 2011-02
Variance No. 2011-03
March 28, 2011
Page 3
Proiect Analvsis
Zoninq Ordinance Amendment
The proposed zoning ordinance amendment is to amend the permitted uses section of the Arterial
Commercial (C5) zoning district (SAMC Section 41-424) and allow health clubs as a permitted use. If
approved, gymnasium and health club facilities would become a permitted use in all of the City's C5
commercial zoning districts. In order to allow the proposed Gold's Gym health club, the proposed
zoning ordinance amendment would be required.
The Arterial Commercial zoning district was established in 1952 as part of the original zoning
ordinance for the City. Over the years, minor adjustments have been made to the permitted uses
section and the development standards of the C5 zone. The last comprehensive review of the C5
zoning district was in 1982, which introduced development standards intended to promote quality
development and to upgrade commercial uses along major arterials. Also included in the
comprehensive review was the deletion of several uses from the district, such as care homes, public
utility facilities and equipment storage, rental and sales yards, with no mention of gymnasiums and
health clubs. During this comprehensive update, health clubs were not a common land use found in
the city.
The opening of larger health clubs such as Bally's, 24 Hour Fitness, LA Fitness, and Gold's Gym
were part of the growth in the health club industry that began in the mid to late 1980's. Research by
staff indicates that on average, health clubs have increased by as much as 10 percent in the last
three decades. These uses have typically been located on arterial streets and near major
intersections to facilitate access and to increase visibility. In addition, health clubs have increased in
size and can now only be accommodated in large retail centers commonly found in the C5 zones.
Further, modern health clubs have changed the nature of their operations. Today, many offer a
variety of retail services within their floor plans, such as cafes, equipment and clothing shops and
nutritional consulting services that would benefit from locating within a C5 zone, along arterial
highways and at locations with enhanced visibility. Since the site is a large 9.5 acre site, is adjacent
to two major arterial highways, will be oriented toward Seventeenth Street and has a large parking lot,
the subject site is an appropriate location for the use.
If approved, the proposed zoning ordinance amendment will be applicable to all other C5 zoned
properties in the City. These other similarly zoned properties may be suitable sites for a health club
but are currently restricted by not being an allowable uses in the zoning. The code amendment will
also allow the larger C5 zoned properties found throughout the City the ability to contain a health club
(Exhibit 6).
The proposed amendment supports the General Plan policies of encouraging viable commercial
development along arterial streets, promoting rehabilitation of commercial properties, and supporting
developments that are harmonious with existing development in the area. Uses such as a health club
at this location will further strengthen the City's commercial base and will provide support services to
the surrounding neighborhoods.
75A-5
Zoning Ordinance Amendment No. 2011-02
Variance No. 2011-03
March 28, 2011
Page 4
Variance
Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted
when it can be shown that the following can be established:
• That there exists a special circumstance related to the property, such as size, shape, topography,
location or surroundings.
• That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rights.
• That the granting of the variance will not be detrimental to the public or surrounding property
• That the granting of the variance will not adversely affect the General Plan.
If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to
make these findings would result in a denial. Using this information, staff has prepared the following
analysis, which forms the basis for the recommendation contained in this report.
The applicant is requesting approval of a variance to allow a reduction in required parking. The entire
shopping center currently contains 655 parking spaces to serve all five of the buildings. The building
proposed as the location of Gold's Gym is parked at a rate of 10 spaces per 1,000 square feet on the
first floor pursuant to the City's restaurant parking standard, with the second floor having been parked
at the rate of six spaces per 1,000 square feet pursuant to the City's medical office parking standards.
Section 41-1375 of the SAMC requires one parking space per 28 square feet of physical activity area
(773 stalls for 21,644 square feet of activity area) for the health club. Based on code requirements, a
total of 1,340 parking spaces are needed for this site with the Gold's Gym use, while 655 spaces are
provided for the entire center. To analyze whether the existing parking on the site could
accommodate the gymnasium use, and therefore substantiate the variance request, the applicant
hired the traffic engineering firm of Linscott, Law and Greenspan to provide an alternative parking
standard for the health club and to prepare a shared parking analysis for the site. The parking
study, using procedures developed by the Urban Land Institute for shared parking (ULI), analyzed
impacts on large shopping center parking lots that are shared by multiple land uses such as
Metroplace. The study also surveyed other municipalities and the actual parking demand for
health clubs in an effort to provide a realistic parking demand for Gold's.
The parking study was intended to provide an analysis of the demand for parking based on the
different activity patterns of the center. In addition, it was intended to review the City's parking
requirement for health clubs and propose an alternative standard based on other generation factors
and actual health club usage. Based on this analysis, a ratio of 5.5 spaces per 1,000 square feet was
established for health clubs. This standard was derived by analyzing the Institute of Traffic Engineers
75A-6
Zoning Ordinance Amendment No. 2011-02
Variance No. 2011-03
March 28, 2011
Page 5
(ITE) parking generation factors as well reviewing the parking demand of similar health clubs. Based
on this analysis, a peak parking demand of 608 spaces during the weekday peak hour of 6:00 p.m. to
7:00 p.m. and 579 spaces during the weekend peak hour from 5:00 p.m. to 6:00 p.m. is anticipated.
Both of these peak demands will be less than the 655 spaces available on the site (Exhibit 7).
In analyzing the variance request staff believes that the following findings of fact warrant approval of
the variance.
The project site has a special circumstance related to its location and surroundings. The
proposed use will be located within a built out development site on East Seventeenth Street that is
surrounded by commercial and residential uses. Due to its location, there is no feasible option for
providing additional parking for the health club. The number of on-site parking spaces will be
sufficient as identified in the Parking Analysis for the project, which has determined that a surplus
of parking spaces will be provided for the project during times of peak demand. As a result, the
parking variance will allow the applicant the ability to use the property in a manner that is
consistent with similar surrounding commercial uses.
The granting of the variance is necessary for the preservation and enjoyment of substantial
property rights. The granting of the parking variance will preserve the property owner's ability to
lease the building to a use that will identify the site as an economically viable development. Policy
2.2 of the Land Use element supports commercial uses that accommodate the City's needs for
goods and services.
The granting of the variance will not be detrimental to the public or surrounding properties. As
demonstrated in the parking analysis for the project, the site will have sufficient parking to
accommodate the various uses during the peak parking hours. Therefore, the reduction in parking
will not be detrimental to the surrounding community as it will not result in parking impacts
affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with
all other development standards applicable to the property.
Finally, the project will not adversely affect the general plan as the proposed health club use is
consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals
encourage uses such as Gold's Gym that promote a balance of land uses to address basic
community needs and which enhance the City's economic and fiscal viability.
Public Notification
The project site is located within the Meredith Parkwood Neighborhood Association. Staff and the
project applicant have attended two Meredith Parkwood/Portola Park Neighborhood Association
meetings to discuss the project. In December 2010, representatives from Gold's Gym and the
property owner made a formal presentation to the association. Further, on March 17, 2011 staff
provided the neighborhood association with an update on the project.
75A-7
Zoning Ordinance Amendment No. 2011-02
Variance No. 2011-03
March 28, 2011
Page 6
In addition, the neighborhood contact of this organization was notified by mail 10 days prior to this
public hearing. The project site itself was posted with a notice advertising this public hearing, a
notice was published in the Orange County Reporter and mailed notices were sent to property
owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent
Notification List. At the time of this printing, no correspondence, either written or electronic, had
been received from any members of the public.
To address noise, loitering and privacy issues raised at prior public hearings for Buffalo Wild Wings
and Chipotle restaurants and at the December 2010 neighborhood association meeting, conditions
of approval have been added to the project. For example, restrictions on the hours of availability
have been placed on the rear parking lot to ensure the residences to the north are not impacted
during the evening hours. Also, a security guard will be located in the rear parking area to monitor
use of the parking lot. Finally, an access gate will be installed to limit parking in the rear lot.
CEQA Analysis
In accordance with the California Environmental Quality Act, the proposed project is exempt from
further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects
that have no possibility of having a significant effect on the environment. Categorical Exemption
Environmental Review No. 2010-122 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Zoning Ordinance Amendment No. 2011-02 and
Variance No. 2011-03 as conditioned.
? r f.
J Vince Fregoso, AI P
Principal Planner
VF:jm
vflreportMzoa 11-02&va 11-03 1945E1 7th-03281 1.pc
Attachments:
Exhibit 1 - Vicinity Map
Exhibit 2 - Land Use Map
Exhibit 3 - Site Plan
Exhibit 4 - First Floor Plan
Exhibit 5 - Second Floor Plan
Exhibit 6 - C5 Zoning Map
Exhibit 7 - Parking Study
75A-8
RJ
\ s sq
y
Al GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT
-B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT
Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE
CI-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT Ml LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE
C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE
C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT
C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE
C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT
C5 ARTERIALCOMMERCIAL P PROFESSIONAL SP SPECIFICPLAN
CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT
ZOA 11-2NA 11-3
GOLD'S GYM
1945 EAST SEVENTEENTH STREET, UNIT 103
- - = S00 FEET
1" =1000 FEET
P L A N N I N G A N D B U I L D I N G A G E N C Y
VICINITY MAP
EXHIBIT 1
75A-9
75A-10
CONDOMINIUMS
TWENTIETH
G
o
CONDOS Q CONDOMINIUMS S I N L E F A M I L Y
9TH ST. SINGLE FAM. n - ,,t>
RES.
OFFICE lNGL F ILY 1 n >-'? "5 :?f ^`
REST ENTI L ^- p R..:
ALLEY
s +
OFFICE CONDOMINIUMS _ ?'...
COMMERCIAL
E S II 0 El N T II A
v
f
E
O
U
J
U
f
f
O
v
SEVENTEENTH STREET
O F F 1 C E Ln C O M M E R C A L
Q
J
J_
ZOA 11-2NA 11-3
GOLD'S GYM
1945 EAST SEVENTEENTH STREET, UNIT 103
P L A N N I N G A N D B U I L D I N G A G E N C Y
LAND USE MAP
EXHIBIT 2
a F SINGE FAMILY
C F a to
G ? W LL W J
Q cQ N O RE IDENTI L
J N z 3 z Q
01-
-lo
3
STREET
75A-11
75A-12
G4-irve (Y10 :•^1 ciao-WC .r:0? Ya 90Ra Y!'Mn Y1R Is Wmu
s17 C
'
, Pq Ua e
MI
s l 4
30VIdOdAN M
1 N
O S,O
00
- j i a
• • =.W.?, VId Ais
M3M8 1 9 g
r ?
e
P
t
ge?aiE@!p
a rpt ?g?g? ?' I
ln5iliE!
ao oooaaol]
i?
r ? I
I I I
J alai
,
II Qb
,I
+\ ? Ii ?' Q
I
?i
LLJ
_._ .._._.._-.` __... I J
NZ!
Q
- - it
I
I I r r I '? 1, !
,.i
i
I
- - ` - ALL 1 I - d _
r
i II J i ? I ® ' F?
i Lill
EXHIBIT 3
0
N
M
O
Q
t?
w
U.
75A-13
75A-14
.16L-flp6 wo i..! Abe- m=1 Sri sous q VMr 'I-$ 'Ls HiKE
9:1'.9 1NeOllr', 'tiMW ?In '?Il uN?S "w• a?pn, It./
30` I e N
dOdl3W W,10 5,0100
"
"
? t .wy NVId 3115 M3N32 C S 9
c?
I
®I
L --- -------
1
t
I
I ? . T
_- m3F _-_
o I
I
r m?
I MON.
I I
1
II 1
A t 16E
I
--
I I I
7
? I II
_-_--lam
r
O
N
CO)
O
J >r
d ? m
of LL
0u
O
J
LL
H
V)
ly-
LL
75A-16
:,a-:+u lrtr; :•.1 t:.eyyt ;la) ni M96 n'M VLMY •15 ILLMflUWS 3513 GSI
arn,a rnwrn:<?rw ern. 'm; rs ...•. -.:m. ,r.r
30dldOdl3 WJlO S
(1100
,
' j cli
a
a
r .w.. M3IA38
Wld 3LIS e 5
----
u
I
I I
I
'
I1
., - - -
- -- -
J
z
I
? I I
I 1
I
,
I
I I
I
I
I I
?
I
I
I I
I I
>
??
I
I
I i
I
I i
I - ?I I
y ? i II
J
I I '1
li l
? a I I
,I I
U- I
V I I
II II
? I I
' Z? I I
J < "' I ! I I
i 'I I
I II
I ?----- ter:
Z q
d
ck:I I
O
O
J
LL-
C1
Z
O
U
LLJ
Ln
r
r
O
N
M
O
a
f3C
m
w
LL
7 DA-
75A-18
fII
.U
CQ S-
Q E
E
W
U
y-- N
a ?
U Q
U
0
'e
_o v
U °C
C C * _
(D AA
LL
`?I s
a
4
0
qk
.
r
FFr '? ) 3
Tl(
y ?
EL;
I Li t
1 ? C
75A-1 9 page 1 of 2
f6
?U
Q E
m E
O
Ln
76
O
>- .)
U Q
L?i
U
o`>
i O
W ?
w
0
7 5A P2d of 2
M
REVISED PARKING ANALYSIS
FOR GOLD'S GYM AT METROPLACE
Santa Ana, CA
January 27, 2011
(original dated September 15, 2010)
Prepared for.
LEVY AFFILIATED HOLDINGS
201 Wilshire Boulevard, 2nd Floor
Santa Monica, CA 90401
LLG Ref. 2.08.3054.2
ae
r a No. 2006 O
s. up 3o 11
OF,
EXHIBIT 7
Linsco% Lew It
Greenspan, Engineers
1580 Corporate Drive
Suite 122
Costa Mesa, CA 92626
714.641.1587 r
714.641.0139 r
wwAdigengineers.com
75A-21
J
January 27, 2011
Ergiassrs 8 Planners
Traffic
Transportation
Mr. Jonathan Kohn Parking
Levy Affiliated Holdings
201 Wilshire Boulevard, 2nd Floor Unscott,Lawa
Santa Monica, CA 90401 Greenspan, Engineers
LLG Reference No. 2.08.3054.2 1580 Corporate Drive
Suite 122
Subject: Revised Parking Analysis for Gold's Gym at Metroplace Costa Costa Mesa, , CA 92626
714.6411587 T
Santa Ana, California 714.641.0139
www.ligengineers.com
Dear Mr. Kohn:
Pasadena
As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Costa Mesa
San Diego
revised Parking Analysis for Metroplace, an existing neighborhood shopping center Las Vegas
generally located north of 17rh Street and west of Old Tustin Avenue in the City of
Santa Ana, California. This Parking Analysis has been updated to address the
comments of City staff as provided on January 10, 2010 and follow-up discussions of
January 25, 2011.
The subject property currently consists of four (4) buildings with approximately
127,777 square-feet (SF) of floor area, of which 58,922 SF is a recently constructed,
two-story mixed-use commercial building. The two-story building (herein after
referred to as Project) was originally built as a typical mixed-use commercial building
with ground floor retail and/or restaurant uses and medical office uses on the second
floor- Due to changes in the retail and medical office market, Levy Affiliated
Holdings, proposes to occupy the Project with a 42,770 SF health club and a mixture
of retail and/or restaurant uses within the remaining 16,152 SF of floor area.
Based on our understanding, a parking study is required as part of obtaining a
modified development agreement for the proposed development to allow a health
club use in place of medical office space, since the proposed parking supply will
theoretically be insufficient to meet the City of Santa Ana's parking code
requirements for each individual use.
On that basis, this parking analysis focuses on determining the peak parking demand
of a health club, and the shared parking requirements of the existing and future uses Philip M. Linscott PE olca-aooc>
Jack M. Greenspan,PEIaeu
WilliamA Law. PE-W,
within the Metroplace shopping center. The parking requirements for Metroplace are Paul W Wilkinson, PE
based on the City of Santa Ana zoning code, as well as the methodolo
Y 8 methodology outlined in
Urban Land Institute's (ULI) Shared Parking, 2"`? Edition. Our method of analysis, John P. Keating, PE
0awdS Shender,PE
John A. Boarman, PE
Clare M. Look-Jaeger, PE
Pochard E Barreeo, PE
75A-22 Ked 0. Maberry. PE
Mr. Jonathan Kohn
January 27, 2011
Page 2
findings, and conclusions are described in detail in the following sections of this
report.
PROJECT LOCATION AND DESCRIPTION
Metroplace is an existing neighborhood retail center that is generally located north of
17[11 Street and west of Old Tustin Avenue in the City of Santa Ana, California.
Access to the subject property is provided via two driveways, the Homeplace
Center/17th Street intersection and on 17`h Street west of Homeplace Center. The
intersection of Homeplace Center/17th Street is a full access driveway and the other
project driveway on 17th Street is a right-in/right-on due to the raised concrete median
on 17th Street. Figure 1, located at the rear of this letter report, presents a Vicinity
Map, which illustrates the general location of the project and depicts the surrounding
street system.
Table 1, located at the rear of this letter report following the figures, presents a
summary of the existing development tabulation and proposed mix of uses for
Metroplace. As shown, the existing retail center has a total floor area of
approximately of 127,777 square-feet (SF) of floor area within four (4) buildings. The
existing mix of uses consists of a 53,480 SF Orchard Supply Hardware (OSH) Store
with 4,200 SF of outdoor sales/storage area, 2,833 SF of retail shop space, a 3,072 SF
bank, 3,050 SF of fast-food restaurant space and 2,220 SF of childcare services.
Within the recently constructed two-story, 58,922 SF commercial building,
approximately 9,552 SF is currently occupied by a mixture of restaurant/food uses.
The remaining vacant floor area of 49,370 SF is proposed to be occupied by a 42,700
SF health club (Gold's Gym) and 6,600 SF of retail shop space and/or restaurant/food
uses. Given the 1St floor of the Project was previously entitled as restaurant space, the
6,600 SF of vacant floor area was assessed as such to provide the project applicant
and the City with the flexibility when tenanting and approving uses for the vacant
space.
The proposed Project also includes modifications to the existing surface lot, which
will result in a reduction of 12 spaces from the existing parking supply of 667 to a
proposed parking supply of 655 spaces. Figure 1 presents the site plan for
Metroplace as provided by Bannick Architects.
75A-23
i
Mr. Jonathan Kohn
January 27, 2011
Page 3
PARKING SUPPLY-DEMAND ANALYSIS
This parking analysis for the Metroplace involves determining the expected parking
needs, based on the size and type of proposed development components, versus the
parking supply. In general, there are two methods that can be used to estimate the
site's peak parking demands. These methods include:
¦ Application of City code requirements (which typically treat each use in the retail
center as a "stand alone" use at maximum demand); and
¦ Application of shared parking usage patterns by time-of-day (which recognizes
that the parking demand for each land use component varies by time of day, day
of week, and/or month of year).
The shared parking methodology is certainly applicable to a development such as the
Metroplace, as the individual land uses (i.e., retail and restaurant/food uses, health
club) experience peak demands at different times of the day.
PARKING CODE REQUIREMENTS
The parking requirements for Metroplace, with the proposed occupation of 42,770 SF
of floor area with a health club, are based on the City's requirements as outlined in
Chapter 41 - Zoning, Article XV. Off-Street Parking of the City of Santa Ana
Municipal Code. The City's Municipal Code specifies the following parking
requirements for retail stores and service uses, restaurant, cafes, etc., banks and
financial institutions, exercise gyms, spas and health clubs and child care facilities:
¦ Retail stores and service uses: five (5) spaces per 1,000 SF of Gross Floor
Area (GFA).
• Outdoor sales or storage area: two (2) spaces per 1,000 SF of GFA
• Restaurants, cafes, etc.: ten (10) spaces per 1,000 SF of GFA.
¦ Banks and financial institutions uses: four (4) spaces per 1,000 SF of GFA
plus two (2) spaces per each walk-up automatic teller machine.
¦ Exercise gyms, spas, health clubs, etc: 1 space for each 28 SF of GFA devoted
to physical activity other than racquetball or handball (exclusive of locker
rooms, shower facilities, utility rooms, and ancillary public area) plus 2'/z
spaces for each racquetball and handball court.
75A-24
Mr. Jonathan Kohn
January 27, 2011
Page 4
¦ Childcare facilities: one (1) space for each eight (8) individuals plus one (1)
space for each supervisor or teacher.
Table 2 summarizes the parking requirements for the existing and proposed mix of
tenants, including the proposed health club and assuming 6,600 SF of restaurant/food
uses will occupy the vacant space on the I" floor of the Project, at Metroplace using the
above-referenced City code parking ratios. As shown, direct application of City code
parking ratios to the retail center project results in a total parking requirement of 1,340
parking spaces. With a proposed on-site parking supply of 655 spaces, a theoretical
parking deficiency of 685 spaces is forecast. This Code-based deficiency is not
realistic because the City Code parking calculation is conservative, and overstates
actual parking needs for the proposed health club (Gold's Gym), as will be discussed
in the next section of this report.
However, as previously mentioned, there is an opportunity to share parking spaces based
on the utilization profile of each land use component. The following section calculates
the parking requirements for the existing retail center based on the shared parking
methodology approach.
SHARED PARKING ANALYSIS
Shared Parking Methodology
Accumulated experience in parking demand characteristics indicates that a mixing of
land uses results in an overall parking need that is less than the sum of the individual
peak requirements for each land use. Due to the existing and proposed mixed-use
characteristics of Metroplace, opportunities to share parking can be expected. The
objective of this shared parking analysis is to project the peak (existing) parking
requirements for the project based on the combined demand patterns of different land
uses at the site.
Shared Parking calculations recognize that different uses often experience individual
peak parking demands at different times of day, or days of the week, or even months
of the year. When uses share a common parking footprint, the total number of spaces
needed to support the collective whole is determined by adding parking profiles (by
time of day, week, and year), rather than individual peak ratios as represented in City
of Santa Ana Zoning Code.
75A-25
Mr. Jonathan Kohn
January 27, 2011
Page 5
There is an important common element between the traditional "code" and the Shared
Parking calculation methodologies; the peak parking ratios, or "highpoint" for each
land use's parking profile, typically equals the "code" parking ratio for that use. The
analytical procedures for Shared Parking Analyses are well documented in the Shared
Parking, 2"d Edition publication by the Urban Land Institute (ULI).
Shared parking calculations for Metroplace utilize hourly parking accumulations
developed from field studies of single developments in free-standing settings, where
travel by private auto is maximized. These characteristics permit the means for
calculating peak parking needs when land use types are combined. Further, the
shared parking approach will result, at other than peak parking demand times, in an
excess amount of spaces that will service the overall needs of the retail center.
Shared Parking Ratios and Profiles
The hourly parking demand profiles (expressed in percent of peak demand) utilized in
this analysis and applied to the Metroplace are based on profiles developed by the
Urban Land Institute (ULI) and published in Shared Parking, 2"d Edition. The ULI
publication presents hourly parking demand profiles for seven general land uses:
office, retail, restaurant, cinema, residential (Central Business District: CBD and non-
CBD), hotel (consisting of separate factors for guest rooms, restaurant/lounge,
conference room, and convention area). These factors present a profile of parking
demand over time and have been used directly, by land use type, in the analysis of
this project.
Retail Uses
One of the primary project components for the Metroplace is retail space, the ULI
retail use profiles are applied directly. In doing so, there is an intermediate step in
expressing ULI profiles as a percentage of the week-long peak, thus arriving at a
weekday profile and weekend profile each expressed as a percentage of the baseline
parking ratio (ULI actually starts with separate ratios for weekday and weekend day,
and develops profiles for each accordingly; we've found it more convenient to
translate both profiles to a percent of expected maximum demand, which, for retail,
turns out to be on a Saturday). The resulting profiles represent the most likely hourly
parking demand profile, and are applied to the City's retail parking ratio of 5 spaces
per 1,000 SF-GFA. Peak demand for retail uses occurs between 1:00 PM - 2:00 PM
on weekdays, and 2:00 PM - 4:00 PM on weekends.
75A-26
Mr. Jonathan Kohn
January 27, 2011
Page 6
Restaurant Uses
For this analysis, three categories of restaurant uses/profiles, family (high-tumover),
casual/fine dining and fast-food, were considered in projecting the parking
requirements of the existing and future mix of restaurant tenants. According to the
ULI Shared Parking, 2"d Edition publication, "family" restaurants are typically lower
priced restaurants that do not accept reservations, and lack bars and lounges, although
some offer bottled beer or wine. Many serve breakfast, lunch and dinner. Examples
include a pancake house, cafeteria-style restaurants, diners and coffee shops and
moderately priced ethnic restaurants.
Fine/casual dining restaurants typically includes a more leisurely dining experience,
are lower turnover and higher priced; bars and lounges are secondary to the restaurant
and reservations are accepted. Few serve breakfast and some do not serve lunch.
Casual dining restaurants are popular, moderately priced restaurants that have active
bar and lounge areas where people gather to socialize and wait for tables. They
commonly serve lunch and dinner, but some also serve breakfast.
Fast-food restaurants do not offer or serve alcoholic beverages and food is typically
ordered at a counter and then either carried out of the store or to a table. Some uses in
this category include sandwich shops, ice cream shops, and so on.
Give the above categories and in reviewing the existing tenant mix, the majority of
the uses would generally fall in the category of "family (high-turnover) restaurants"
and were evaluated as such. Therefore, the restaurant use profile utilized in this
parking analysis for the majority of the existing food uses and potential future tenants
is based on a family (high-turnover) restaurant (typically non fast-food). Please note
that in our experience, the utilization of this category is a good indicator/
representation (can be considered a "hybrid") of the hourly parking demand of both
fine/casual dining and fast-food restaurants, as the peak daytime and evening parking
demand for family (high-turnover) restaurants generally occur during the lunch time
period (similar to fast-food uses) and dinner period (similar to fine/casual dining
establishments).
Like the retail profiles, the restaurant profiles are derived exactly from the ULI
baseline. The restaurant-parking ratio utilized in this analysis exactly matches the
City code rate of 10 spaces per 1,000 SF of floor area. According to the Shared
Parking publication, family restaurant uses peak demand occurs between 12:00 PM
and 1:00 PM on weekdays and weekends.
75A-27
Mr. Jonathan Kohn
January 27, 2011
Page 7
Fasl-Food Restauranl Uses
The fast-food restaurant profile, as contained in the ULI Shared Parking publication,
was utilized in this analysis to estimate the hourly parking demand of the existing
Carl's Jr. and Which Wich? Restaurant. To estimate the parking demand for these
uses, a parking ratio of 10 spaces per 1,000 SF (which matches City code) is utilized.
For fast-food uses peak demand occurs between 12:00 PM and 2:00 PM on weekdays
and weekends.
Health Club Uses
The health club profiles were also directly derived from ULI. For health clubs, the
peak demand occurs between 6:00 PM - 7:00 PM on weekdays and 5:00 PM - 6:00
PM on weekends. For this study, an empirical ratio of 5.5 spaces per 1,000 SF was
applied to proposed health club (Gold's Gym) in order to account for the unique
tripmaking and parking characteristics of the health club that are not reflected in the
City Code ratio. Actual field studies that were previously conducted for 24 Hour
Fitness, LA Fitness, and Spectrum Club have resulted in empirical parking rates that
are much lower than city code ratios for health clubs.
LLG's prior field studies for LA Fitness and Spectrum Club concluded that larger
(greater than 30,000 SF), more "amenitized" health clubs have much lower parking
ratios compared to typical city code ratios.
As can be seen from the following summary of peak parking rates (reflecting peak
parking conditions on a weekday), the empirical ratio of 5.5 spaces per 1,000 SF
applied to Gold's Gum in the shared parking calculations is appropriate, yet
conservative design-level ratio based on the likelihood that actual parking needs may
be lower than anticipated:
City Code:
LA Fitness Studies:
ITE Parking Generation:
2009 24 Hour Fitness Study:
(plus 17% contingency)
Spectrum Club Study:
2009 24 Hour Fitness Study:
(for UFC Gym)
35.7 spaces per 1000 (or 1 space per 28 SF)
5.5 spaces per 1,000 SF F used in this study
5.27 spaces per 1,000 SF
5 spaces per 1,000 SF
4.50 spaces per 1,000 SF
4.28 spaces per 1,000 SF
Financial Ins fil utionslBunky
The bank profiles were also directly derived from ULI. For bank uses peak demand
occurs between 10:00 AM - 11:00 AM and 5:00 PM - 6:00 PM on weekdays, while
75A-28
Mr. Jonathan Kohn
January 27, 2011
Page 8
the Saturday peak demand for bank uses occurs between 11:00 AM and 12:00 PM.
The peak-parking ratio for bank uses exactly equals the City's Parking Code
requirement of 4 space per 1,000 SF plus 2 spaces per automatic teller machine.
Application of Shared Parking Methodology
Tables 3 and 4 present the weekday and weekend parking demand for the Metroplace
based on the shared parking methodology assuming full occupancy of center
including a 42,770 SF health club and 6,600 SF of additional restaurant/food uses
within the vacant floor area of the 1" floor of the Project. Columns 1 through 6 of
these tables present the parking accumulation characteristics and parking demand of
the Metroplace for the hours of 6:00 AM to midnight. Column 7 presents the
expected joint-use parking demand for the entire site on an hourly basis, while
Column 8 summarizes the hourly parking surplus/deficiency for the existing retail
center compared to a proposed parking supply of 655 spaces.
Based on our experience, the shared parking approach summarized in Tables 3 and 4
are believed to be the most appropriate in evaluating the parking supply-demand
relationships for the Metroplace. The results in these tables are the focus of this
parking investigation and recommendations.
Shared Parking Analysis Results
Review of Table 3 shows that the peak-parking requirement for the Metroplace
during a weekday occurs between at 6:00 PM and totals 608 spaces. On a weekend
day, the peak parking requirements for the project occurs at 5:00 PM, when a parking
demand of 579 spaces is forecast (see Table 4).
Based on a proposed parking supply of 655 spaces, a surplus of 47 spaces and 76
spaces would result during the weekday and weekend peak hours, respectively.
Consequently, we conclude that there is adequate parking on site to accommodate the
proposed occupancy of 42,770 SF of vacant floor area with a health club.
Figures 3 and 4 graphically illustrate the Shared Parking demand profile under
weekday and weekend conditions, respectively. Each land use component and its
corresponding hourly Shared Parking demand, which were summarized in Tables 3
and 4, are depicted in these two figures relative to a shared parking supply of 655
spaces.
Append& A contains the shared parking analysis calculation worksheets for this
weekday and weekend day parking scenarios.
75A-29
Mr. Jonathan Kohn
January 27, 2011
Page 9
SUMMARY OF FINDINGS AND CONCLUSIONS
Metroplace is an existing mixed-use retail development that consists of four (4)
buildings with approximately 127,777 square-feet (SF) of floor area, of which
58,922 SF is a recently constructed, two-story mixed-use commercial building.
The two-story building, currently occupied with 9,552 SF of restaurant/food
uses, was originally built as a typical mixed-use commercial building with
ground floor retail and/or restaurant uses and medical office space on the second
floor. Due to changes in the retail and medical office market, Levy Affiliated
Holdings proposes to occupy this building with a 42,770 SF health club (instead
of medical and retail uses), with the remaining 16,152 SF floor area to be
occupied by a mix of retail and restaurant uses. Given the I" floor of the Project
was previously entitled as restaurant space, the 6,600 SF of vacant floor area was
assessed as such to provide the project applicant with maximum flexibility when
tenanting the vacant space.
2. Direct application of City parking codes to the existing and proposed mix of uses of
Metroplace results in a total parking requirement of 1,340 parking spaces. With a
proposed parking supply of 655 spaces, City parking requirements will not be
satisfied.
3. The Shared Parking Analysis indicates that the proposed parking supply for
Metroplace will be sufficient to meet the projected peak parking demands of
existing and proposed mix of uses, including a 42,770 SF health club.
4. For a retail center project with 56,313 SF of retail (service) space with 4,200 SF of
outdoor sales/storage area, 14,326 SF of restaurant uses, 4,876 SF fast-food
restaurant space, 3,072 SF bank, a 2,220 SF childcare facility and a 42,770 SF
health club, a peak parking demand of 608 spaces is forecast. Based on a
proposed parking supply of 655 spaces, a surplus of 47 spaces is projected.
75A-30
Mr. Jonathan Kohn
January 27, 2011
Page 10
We appreciate the opportunity to prepare this analysis for Levy Affiliated Holdings.
Should you have any questions or need additional assistance, please do not hesitate to
call me at (714) 641-1587.
Very truly yours,
Linscott, Law & Greenspan, Engineers
Richard E. Barretto, P.E.
Principal
Attachments
cc: Bannick Architects
file
75A-31
iZ3 V)
Q CATAL I NA P-
C5 Q
A I o
ICAMINO AU t Q Q
-j rn (m
z N Z z AV z E PEARWOOD n° w N
2 z LN V) o
a z E PEA HW D LN l l- c ._____
I- LENIT
N
PLUMWOOD LN Q W MEDFO D
20TH ST V' < AV
} 19TH
cn J „ A a c~
-4
ST W 5T r Q ° W a °0 12
? o co w
V) p
z $ o? 2 C)
)o 12A
17-7: ° 16TH ST
1.800
H ST 'CSR
ST I J BACLAY 14 T?/ z
??... _ H -- ??
3 CT S T D
JGTON WELLINGTON
---- p
.
N J
AV - /./CCT
N CDIU
SOURCE: THOMAS BROS.
KEY
(tNO SCALE = PROJECT SITE
75A-32
SOURCE: ARTHUR J. BANNICK ARCHITECTS
KEY
PROPOSED PROJECT SITE
(tNO SCALE
® REMOVED PARKING STALLS (12 TOTAL)
75A-33
e
i
700
600
500
W 400
U
Q
a
N
U
Z 300
Y
Q
a
PROPOSED PARKING SUPPLY - 665 SPACES
/-608 PEAK PARKING CIEMANC
SON
?,...
200
100 - _?
6:00 7:00 8:00 9:00 10:0011:0012:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:001:
AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM PM I
TIME
KEY
LIN'iCOTT ¦ CHILD CARE
BANK
• HEALTH CLUB
PAN FAST-FOOD
p - FAMILY RESTAURANT WEEKDAY SHARED PARKIN(
¦ - RETAIL
N
75A-34
oil
41
700
PROPOSED PARKING SUPPLY = 665 SPACES _
x-579 PEAK PARKING DEMAND
600
500
N 400
w
U
Q
a
N
z 300
Y
Q
a
200
100
0
6:00 7:00 8:00 9:00 10:0011:0012:001:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 1(
AM AM AM AM AM AM PM PM PM PM PM PM PM PM PM PM F
TIME
KEY
LIN;COTT CHILD CARE
LAW & BANK
HEALTH CLUB
FAST-FOOD
El FAMILY RESTAURANT WEEKEND SHARED PARKIN(
0- RETAIL N
75A-35
TABLE 1
LAND USE SUMMARYI
METROPLACE, SANTA ANA
Address Business Name Land Use Building Size (SF)
1935-1975 E. 17th Street, Santa Ana, CA 92705
1935, Suite A Union Bank of California Bank 3,072 SF
1935, Suite B Ritz Nails Retail 1,494 SF
1935, Suite C Cantaloop Natural Frozen Yogurt Retail 1,339 SF
1935, Suite D Dorazio Learning Center Child Care 2,220 SF
1943 Carl's Jr. Restaurant 3,050 SF
1945 VACANT Retail or Restaurant 6,600 SF
1945, #104 Camelle's Restaurant 1,700 SF
1945, #105 Fuji Grill Restaurant 1,397 SF
1945, #106 Which Wich7 Restaurant 1,826 SF
1945, #108 Shabu Shabu Restaurant 2,329 SF
1945, #109 Cbipotle Restaurant 2,300 SF
1945 Proposed Gold's Gym - Vacant Health Club 42,770 SF
1975 OSH Hone Improvement Retail 57,680 SFZ
Development Totals 127,777 SF
Source: Levy Affiliated HoldingsBannick Architects
Includes 4,200 SF of outdoor sales / storage area (Source: Bannick Architects)
75A-36
TABLE 2
CITY CODE PARKING REQUIREMENT
METROPLACE, SANTA ANA
City of Santa Ana Spaces
Land Use Size Code Parking Ratio' Required
Retail stores and service 56,913 SF 5 spaces per 1,000 SF of GFA. 282
OSH Outdoor Sales/Storage Area 4,200 SF 2 spaces per 1000 SF of GFA 8
Restaurant, cafes, etc. 19,202 SF 10 spaces per 1,000 SF of GFA. 192
Bank and
financial institutions
3,072 SF 4 spaces per 1,000 SF of GFA plus 2 spaces for 16
each walk-up automatic teller machine.
Exercise gyms, spas, health clubs, 461 SF'
23 I space per 28 SF of GFA plus 2.5 spaces for each
etc. ,
racquetball/handball court. 838
Child care facilities
2,220 SF 1 space for each 8 individuals plus 1 space for each
4
supervisor or teacher
TOTAL PARKING CODE REQUIREMENT 1340
TOTAL PROPOSED PARKING SUPPLY 655
PARKING SURPLUS/DEFICIENCY (+/-) -685
Source: C in, of Santa Ana Mroricipal Code, Chapter 41 - Zoning, Article XY Of Street Parking.
Floor area represents the amount of square-footage provided in the health club that is devoted to physical activity (i.e. free
weights, aerobic, spin, etc...). Square-footage excludes locker rooms and other ancillary public areas.
75A-37
TABLE 3
WEEKDAY SHARED PARKING DEMAND ANALYSISS
METROPLACE, SANTA ANA
(1) (2) (3) (4) (5) (6)
Land Use Retail Family Fast-Food Health Club Bank Child Care6 (7)
Restaurant Restaurant
Size 60.513 KSF 14.326 KSF 4.876 KSF 42.770 KSF 3.072 KSF 2.220 KSF Total (8)
Pk Rate? 5/KSV 10/KSF 10/KSF ,5.5/KSF9 5.21 /KSF` 2/KSF Spaces = Comparison w/
Gross 290 Spc. 143 Spc. 49 Spc. 235 Spc. 16 Spc. 5 Spc. 738 Parking Supply
Spaces Shared 655 Spaces
Number of Number of Number of Number of Number of Number of Parking Surplus
Time of Da Spaces Spaces Spaces Spaces Spaces Spaces Demand (Deficiency)
6:00 AM 7 29 3 165 0 0 204 451
7:00 AM 20 54 5 99 0 5 183 472
8:00 AM 53 65 10 99 9 5 241 414
9:00 AM 113 78 16 165 15 5 392 263
10:00 AM 181 88 28 165 16 5 483 172
11:00 AM 228 91 43 188 11 5 566 89
12:00 PM 251 100 49 143 11 5 559 96
1:00 PM 261 91 49 165 11 5 582 73
2:00 PM 251 57 45 165 13 5 536 119
3:00 PM 240 50 30 165 11 5 501 154
4:00 PM 240 50 27 188 14 5 524 131
5:00 PM 249 78 30 213 16 5 591 64
6:00 PM 249 82 42 235 0 0 608 47
7:00 PM 249 82 40 210 0 0 581 74
8:00 PM 213 82 25 185 0 0 505 150
9:00 PM 143 63 16 158 0 0 380 275
10:00 PM 83 57 10 81 0 0 231 424
11:00 PM 29 52 5 25 0 0 111 544
12:00 AM 0 27 3 0 0 0 30 625
z Source: UL[ - Urban Land Institute "Shared Parking," Second Edition, 2005-
6 The current ULI shared parking edition does not have a profile for childcare facilities. To be conservative, the peak demand is
assumed to be 100% throughout the day.
' Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.
Parking calculated at 5 spaces per 1,000 SF of GFA for retail space plus 2 spaces for 1000 SF of GFA for 4,200 SF of outdoor
sales I storage area.
s Source: Parking Studies of Health Club facilities prepared by LLG and 41h Edition, Parking Generation published by the Institute
of Transportation Engineers.
10 Based on a City parking code ratio of4 spaces
per 1,000 SF of GFA plus 2 spaces for each walk-up automatic teller machine.
75A-38
TABLE 4
WEEKEND SHARED PARKING DEMAND ANALYSIS"
METROPLACE, SANTA ANA
(2) (3)
)
5
Land Use Retail Family Fast-Food Health
Club Bank C7
r
C
' (7)
Restaurant Restaurant
Size 60.513 KSF 14.326 KSF 4.876 KSF 42.770 KSF 3.072 KSF 22K
S
F Total (8)
Pk Rater' S /KSF14 10 /KSF 10 /KSF 5.5 /KSF" 5.21 /KSF16 2 /KSF Spaces = Comparison w/
Gross 290 Spc. 143 Spc. 49 Spc. 235 Spc. 16 Spc. 5 Spc. 738 Parking Supply
Spaces Shared 655 Spaces
Number of Number of Number of Number of Number of Number of Parking Surplus
Time of Da Spaces Spaces Spaces Spaces Spaces Spaces Demand (Deficiency)
6:00 AM 8 23 3 153 0 0 187 468
7:00 AM 21 47 5 87 0 0 160 495
8:00 AM 46 74 10 69 8 0 207 448
9:00 AM 114 104 15 96 10 0 339 316
10:00 AM 165 131 26 69 14 0 405 250
11:00 AM 206 131 40 96 16 0 489 166
12:00 PM 244 143 46 96 15 0 544 111
1:00 PM 267 125 46 60 0 0 498 157
2:00 PM 290 100 41 51 0 0 482 173
3:00 PM 290 65 29 60 U 0 444 211
4:00 PM 278 71 25 107 0 0 481 174
5:00 PM 264 93 29 193 0 0 579 76
6:00 PM 235 105 39 184 0 0 563 92
7:00 PM 220 105 38 116 0 0 479 176
8:00 PM 195 99 24 60 0 0 378 277
9:00 PM 154 54 15 20 0 0 243 412
10:00 PM 107 45 10 4 0 0 166 489
11:00 PM 44 32 5 4 0 0 85 570
12:00 AM 0 19 3 0 U U 22 633
" Source: LTLI - Urban Land Institute "Shared Parking," Second Edition, 2005.
The current ULI shared parking edition does not have a profile for childcare facilities. For this analysis, we have confirmed that
the facility is closed on weekends.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.
" Parking calculated at 5 spaces per 1,000 SF of GFA for retail space plus 2 spaces for 1000 SF of GFA for 4,200 SF of outdoor
sales / storage area.
15 Source: Parking Studies of Health Club facilities prepared by LLG and 4i° Edition, Parking Generation published by the Institute
of Transportation Engineers.
is Based on a City parking code ratio of 4 spaces per 1,000 SF of GFA plus 2 spaces for each walk-up automatic teller machine.
75A-39
APPENDIX A
ULI PARKING CALCULATION WORKSHEETS
L1NScoTT, LAW & GREENSPAN, engineers
LLG Ref: 2-08-3054-2
Gold Gym at Metroplace, Santa Ana
t t, ?7 4_.,u _. 11 I. ft«Izal N I'1
75A-40
APPENDIX TABLE A-1
SHOPPING CENTER (TYPICAL DAYS
WEEKDAY SHARED PARKING DEMAND ANALYSIS17
METROPLACE, SANTA ANA
Land Use Shopping Center (Typical Days)
Size 60.513 KSF
Pkg Rate1s 5 /KSF
Gross 290 Spaces
Spaces 234 Guest Spc. 56 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [31 Spaces Peak [31 Spaces Demand
6:00 AM 1% 2 9% 5 7
7:00 AM 5% 12 14% 8 20
8:00 AM 14% 33 36% 20 53
9:00 AM 32% 75 68% 38 113
10:00 AM 59% 138 77% 43 181
11:00 AM 77% 180 86% 48 228
12:00 PM 86% 201 90% 50 251
1:00 PM 90% 211 90% 50 261
2:00 PM 86% 201 90% 50 251
3:00 PM 81% 190 90% 50 240
4:00 PM 81% 190 90% 50 240
5:00 PM 86% 201 86% 48 249
6:00 PM 86% 201 86% 48 249
7:00 PM 86% 201 86% 48 249
8:00 PM 72% 168 81% 45 213
9:00 PM 45% 105 68% 38 143
10:00 PM 27% 63 36% 20 83
11:00 PM 9% 21 14% 8 29
12:00 AM 0% 0 0% 0 0
17 Source: UL[ - Urban Land Institute "Shared Parking," Second Edition, 2005.
18 Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULL
75A-41
APPENDIX TABLE A-2
SHOPPING CENTER (TYPICAL DAYS)
WEEKEND SHARED PARKING DEMAND ANALYSIS19
METROPLACE, SANTA ANA
Land Use Shopping Center (Typical Days)
Size 60.513 KSF
Pkg Rate20 5 /KSF
Gross 290 Spaces
Spaces 232 Guest Spc. 58 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 1% 2 10% 6 8
7:00 AM 5% 12 15% 9 21
8:00 AM 10% 23 40% 23 46
9:00 AM 30% 70 75% 44 114
10:00 AM 50% 116 85% 49 165
11:00 AM 65% 151 95% 55 206
12:00 PM 80% 186 100% 58 244
1:00 PM 90% 209 100% 58 267
2:00 PM 100% 232 100% 58 290
3:00 PM 100% 232 100% 58 290
4:00 PM 95% 220 100% 58 278
5:00 PM 90% 209 95% 55 264
6:00 PM 80% 186 85% 49 235
7:00 PM 75% 174 80% 46 220
8:00 PM 65% 151 75% 44 195
9:00 PM 50% 116 65% 38 154
10:00 PM 35% 81 45% 26 107
11:00 PM 15% 35 15% 9 44
12:00 AM 0% 0 0% 0 0
Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
Parking rates for all land uses based on ULI procedure nonnalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-42
APPENDIX TABLE A-3
FAMILY RESTAURANT
WEEKDAY SHARED PARKING DEMAND ANALYSIS41
METROPLACE, SANTA ANA
Land Use Family Restaurant
Size 14.326 KSF
Pkg Rate 22 10 /KSF
Gross 143 Spaces
Spaces 123 Guest Spc. 20 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3[ Spaces Peak [3[ Spaces Demand
6:00 AM 18% 22 35% 7 29
7:00 AM 35% 43 53% 11 54
8:00 AM 42% 52 63% 13 65
9:00 AM 53% 65 63% 13 78
10:00 AM 60% 74 70% 14 88
11:00 AM 63% 77 70% 14 91
12:00 PM 70% 86 70% 14 100
1:00 PM 63% 77 70% 14 91
2:00 PM 35% 43 70% 14 57
3:00 PM 32% 39 53% 11 50
4:00 PM 32% 39 53% 11 50
5:00 PM 53% 65 67% 13 78
6:00 PM 56% 69 67% 13 82
7:00 PM 56% 69 67% 13 82
8:00 PM 56% 69 67% 13 82
9:00 PM 42% 52 56% 11 63
10:00 PM 39% 48 46% 9 57
11:00 PM 35% 43 46% 9 52
12:00 AM 18% 22 25% 5 27
Source: ULI - Urban Land Institute "Shared Parkin Second Edition, 2005.
" Parking rates for all land uses based on LTLI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-43
APPENDIX TABLE A4
FAMILY RESTAURANT
WEEKEND SHARED PARKING DEMAND ANALYSIS23
METROPLACE, SANTA ANA
Land Use Family Restaurant
Size 14.326 KSF
Pkg Rate' 10 /KSF
Gross 143 Spaces
Spaces 122 Guest Spc. 21 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak 131 Spaces Peak [31 Spaces Demand
6:00 AM 10% 12 50% 11 23
7:00 AM 25% 31 75% 16 47
8:00 AM 45% 55 90% 19 74
9:00 AM 70% 85 90% 19 104
10:00 AM 90% 110 100% 21 131
11:00 AM 90% 110 100% 21 131
12:00 PM 100% 122 100% 21 143
1:00 PM 85% 104 100% 21 125
2:00 PM 65% 79 1000/0 21 100
3:00 PM 40% 49 75% 16 65
4:00 PM 45% 55 75% 16 71
5:00 PM 60% 73 95% 20 93
6:00 PM 70% 85 95% 20 105
7:00 PM 70% 85 95% 20 105
8:00 PM 65% 79 95% 20 99
9:00 PM 30% 37 80% 17 54
10:00 PM 25% 31 65% 14 45
11:00 PM 15% 18 65% 14 32
12:00 AM 10% 12 35% 7 19
Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak denuuid ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-44
APPENDIX TABLE A-5
FAST-FOOD RESTAURANT
WEEKDAY SHARED PARKING DEMAND ANALYSIS25
METROPLACEt SANTA ANA
Land Use Fast-Food Restaurant
Size 4.876 KSF
Pkg Rate 26 10 /KSF
Gross 49 Spaces
Spaces 42 Guest Spc. 7 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 5% 2 15% 1 3
7:00 AM 10% 4 20% 1 5
8:00 AM 20% 8 30% 2 10
9:00 AM 30% 13 40% 3 16
10:00 AM 55% 23 75% 5 28
11:00 AM 85% 36 100% 7 43
12:00 PM 100% 42 100% 7 49
1:00 PM 100% 42 100% 7 49
2:00 PM 90% 38 95% 7 45
3:00 PM 60% 25 70% 5 30
4:00 PM 55% 23 60% 4 27
5:00 PM 60% 25 70% 5 30
6:00 PM 85% 36 90% 6 42
7:00 PM 80% 34 90% 6 40
8:00 PM 50% 21 60% 4 25
9:00 PM 30% 13 40% 3 16
10:00 PM 20% 8 30% 2 10
11:00 PM 10% 4 20% 1 5
12:00 AM 5% 2 20% 1 3
Source: ULI - Urban Land Institute "Shared Parking," Second Edition. 2005.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms ofabsolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-45
APPENDIX TABLE A-6
FAST-FOOD RESTAURANT
WEEKEND SHARED PARKING DEMAND ANALYSIS27
METROPLACE, SANTA ANA
Land Use Fast-Food Restaurant
Size 4.876 KSF
Pkg Rate28 10 /KSF
Gross 49 Spaces
Spaces 42 Guest Spc. 7 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [3] Spaces Demand
6:00 AM 5% 2 14% 1 3
7:00 AM 9% 4 19% 1 5
8:00 AM 19% 8 28% 2 10
9:00 AM 28% 12 37% 3 15
10:00 AM 51% 21 70% 5 26
11:00 AM 79% 33 93% 7 40
12:00 PM 93% 39 93% 7 46
1:00 PM 93% 39 93% 7 46
2:00 PM 84% 35 89% 6 41
3:00 PM 56% 24 65% 5 29
4:00 PM 51% 21 56% 4 25
5:00 PM 56% 24 65% 5 29
6:00 PM 79% 33 84% 6 39
7:00 PM 75% 32 84% 6 38
8:00 PM 47% 20 56% 4 24
9:00 PM 28% 12 37% 3 15
10:00 PM 19% 8 28% 2 10
11:00 PM 9% 4 19% 1 5
12:00 AM 5% 2 19% 1 3
Source: ULf - Urban Land Institute "Shared Parking," Second Edition, 2005.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-46
APPENDIX TABLE A•7
HEALTH CLUB
WEEKDAY SHARED PARKING DEMAND ANALYSIS29
METROPLACE, SANTA ANA
Land Use Health Club
Size 42.770 KSF
Pkg Rate 30 5.5 /KSF
Gross 235 Spaces
Spaces 222 Guest Spc. 13 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak [3] Spaces Peak [31 Spaces Demand
6:00 AM 70% 155 75% 10 165
7:00 AM 40% 89 75% 10 99
8:00 AM 40% 89 75% 10 99
9:00 AM 70% 155 75% 10 165
10:00 AM 70% 155 75% 10 165
11:00 AM 80% 178 75% 10 188
12:00 PM 60% 133 75% 10 143
1:00 PM 70% 155 75% 10 165
2:00 PM 70% 155 75% 10 165
3:00 PM 70% 155 75% 10 165
4:00 PM 80% 178 75% 10 188
5:00 PM 90% 200 100% 13 213
6:00 PM 100% 222 100% 13 235
7:00 PM 90% 200 75% 10 210
8:00 PM 80% 178 50% 7 185
9:00 PM 70% 155 20% 3 158
10:00 PM 35% 78 20% 3 81
11:00 PM 10% 22 20% 3 25
12:00 AM 0% 0 00/0 0 0
Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-47
APPENDIX TABLE A-8
HEALTH CLUB
WEEKEND SHARED PARKING DEMAND ANALYSIS31
METROPLACE, SANTA ANA
Land Use Health Club
Size 42.770 KSF
Pkg Rate" 5.5 /KSF
Gross 235 Spaces
Spaces 225 Guest Spc. 10 Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak 131 Spaces Peak 131 Spaces Demand
6:00 AM 66% 149 41% 4 153
7:00 AM 37% 83 41% 4 87
8:00 AM 29% 65 41% 4 69
9:00 AM 41% 92 41% 4 96
10:00 AM 29% 65 41% 4 69
11:00 AM 41% 92 41% 4 96
12:00 PM 41% 92 41% 4 96
1:00 PM 25% 56 41% 4 60
2:00 PM 21% 47 41% 4 51
3:00 PM 25% 56 41% 4 60
4:00 PM 45% 101 62% 6 107
5:00 PM 82% 185 82% 8 193
6:00 PM 78% 176 82% 8 184
7:00 PM 49% 110 62% 6 116
8:00 PM 25% 56 41% 4 60
9:00 PM 8% 18 16% 2 20
10:00 PM 1% 2 16% 2 4
11:00 PM 1% 2 16% 2 4
12:00 AM 0% 0 00/0 0 0
Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005.
Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
75A-48
APPENDIX TABLE A-9
BANK
WEEKDAY SHARED PARKING DEMAND ANALYSIS33
METROPLACE, SANTA ANA
Land Use Bank
Size 3.072 KSF
Pkg Rate" 5.21 /KSF"
Gross 16 Spaces
Spaces 10 Guest Spc. 6Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day PeakJ6 Spaces Peak" Spaces Demand
6:00 AM 0% 0 0% 0 0
7:00 AM 0% 0 0% 0 0
8:00 AM 50% 5 60% 4 9
9:00 AM 90% 9 100% 6 15
10:00 AM 100% 10 100% 6 16
11:00 AM 50% 5 100% 6 11
12:00 PM 50% 5 100% 6 11
1:00 PM 50% 5 100% 6 11
2:00 PM 70% 7 100% 6 13
3:00 PM 50% 5 100% 6 11
4:00 PM 80% 8 100% 6 14
5:00 PM 100% 10 100% 6 16
6:00 PM 0% 0 0% 0 0
7:00 PM 0% 0 0% 0 0
8:00 PM 0% 0 0% 0 0
9:00 PM 0% 0 0% 0 0
10:00 PM 0% 0 011/0 0 0
11:00 PM 0% 0 0% 0 0
12:00 AM 0% 0 00/0 0 0
33 Source: LJLI - Urban Land Institute "Shared Parking." Second Edition. 2005.
34 Parking rates for all land uses based on LJLI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
35 Based on a City parking code ratio of 4 spaces per 1.000 SF of GFA plus 2 spaces for each walk-up automatic teller machine.
16 Percentage of peak parking demand factors reflect relationships between week-day Parking demand ratios and peak parking demand ratios. as
summarized in Table 2-2 of the "Shared Parking" manual.
75A-49
APPENDIX TABLE A-10
BANK
WEEKEND SHARED PARKING DEMAND ANALYSIS37
METROPLACE, SANTA ANA
Land Use Bank
Size 3.072 KSF
Pkg Rate38 5.21 /KSF"
Gross 16 Spaces
Spaces 10 Guest Spc. 6Emp. Spc. Shared
Time % Of # Of % Of # Of Parking
of Day Peak" Spaces Peak"' Spaces Demand
6:00 AM 0% 0 0% 0 0
7:00 AM 0% 0 0% 0 0
8:00 AM 25% 3 90% 5 8
9.00 AM 40% 4 100% 6 10
10:00 AM 75% 8 100% 6 14
11:00 AM 100% 10 100% 6 16
12:00 PM 90% 9 100% 6 15
1:00 PM 0% 0 0% 0 0
2:00 PM 0% 0 0% 0 0
3:00 PM 0% 0 0% 0 0
4:00 PM 0% 0 0% 0 0
5:00 PM 0% 0 0% 0 0
6:00 PM 0% 0 0% 0 0
7:00 PM 0% 0 0% 0 0
8:00 PM 0% 0 0% 0 0
9:00 PM 0% 0 0% 0 0
10:00 PM 0% 0 0% 0 0
11:00 PM 0% 0 0% 0 0
12:00 AM 0% 0 0% 0 0
37 Source: ULI - Urban Land Institute "Shared Parking." Second Edition. 2005.
38 Parking rates for all land uses based on ULI procedure normalized to express
percentage in terms of absolute peak demand ratios. Breakdown of
guest vs. employee parking provided by ULI.
39 Based on a City parking code ratio of 4 spaces per 1.000 SF of GFA plus 2 spaces for each walk-up automatic teller machine.
40 Percentage ofPeak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios. as
summarized in Table 2-2 of the "Shared Parking" manual.
75A-50
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE ADDING GYMNASIUMS AND
HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL
COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011-02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The proposed Zoning Ordinance Amendment No. 2011-02 is to amend the
permitted uses section of the Arterial Commercial (C5) zoning district (Santa
Ana Municipal Code Section 41-424) to allow gymnasiums and health clubs
as a permitted use.
B. The proposed amendment supports the General Plan policies of
encouraging viable commercial development along arterial streets,
promoting rehabilitation of commercial properties, and supporting
developments that are harmonious with existing development in the area.
Uses such as health clubs and gymnasiums in this zoning district will further
strengthen the City's commercial base and will provide support services to
the surrounding neighborhoods.
C. On March 28, 2011, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2011-02 to amend Section 41-424 of the Santa
Ana Municipal Code to allow gymnasiums and health clubs in the Arterial
Commercial (C5) zoning district.
D. Zoning Ordinance Amendment No. 2011-02 came before the City Council of
the City of Santa Ana for a duly noticed public hearing on April 18, 2011, to
consider all testimony, written and oral.
E. The City Council adopts as findings all facts presented in the Request for
Council Action dated April 18, 2011, accompanying this matter. For these
reasons, and each of them, Zoning Ordinance Amendment No. 2011-02 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
75A-51
Section 2. Section 41-424 of the Santa Ana Municipal Code is hereby amended
to read as follows:
Sec. 41-424. Uses permitted in the CS district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of
automobiles, trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in section 41-
424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including
plant and office.
Q) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a
secondary or local street.
(k) Cyber cafes subject to compliance with the requirements of section
41-198.200.
(1) Gymnasiums and health clubs
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
75A-52
ADOPTED this day of 12011.
APPROVED AS TO FORM:
Joseph Straka
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75A-53
75A-54
ROH - 04/18/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VARIANCE NO. 2011-03 AS
CONDITIONED TO REDUCE THE REQUIRED PARKING
FOR THE PROPERTY LOCATED AT 1945 EAST
SEVENTEENTH STREET, UNIT 103
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Variance No. 2011-03 to reduce the
required parking standards for a health club facility at 1945 East
Seventeenth Street, Unit 103.
B. On March 28, 2011, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council:
1. Adopt an ordinance approving Zoning Ordinance Amendment No.
2011-02.
2. Adopt a resolution approving Variance No. 2011-03 as conditioned.
C. Variance No. 2011-03 came before the City Council of the City of Santa
Ana for a duly noticed public hearing on April 18, 2011, to consider all
testimony, written and oral.
D. Variance No. 2011-03 has been filed with the City of Santa Ana seeking to
reduce the required parking standards for a proposed Gold's Gym at 1945
East Seventeenth Street, Unit 103. Section 41-1375 of the Santa Ana
Municipal Code requires one parking space per 28 square feet of physical
activity area for the health club.
E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a variance upon making certain findings.
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
Resolution No. 2011-
75A-55 Page 1 of 6
The project site has a special circumstance related to its
size, shape and location. Due to its location, there is no
feasible option for providing additional parking for the health
club. The number of on-site parking spaces on the site will
be sufficient to accommodate all uses as the Parking
Analysis for the project has determined that a surplus of
parking spaces will be provided for the project during times
of peak demand. As a result, the parking variance will allow
the applicant the ability to use the property in a manner that
is consistent with similar surrounding commercial uses.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the parking variance will preserve the
property owner's ability to lease the building to a use that will
identify the site as an economically viable development.
Policy 2.2 of the Land Use element supports commercial
uses that accommodate the City's needs for goods and
services.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of the variance will not be materially detrimental
to the public welfare or injurious to surrounding property as
the parking analysis for the project has noted that the site
will have sufficient parking to accommodate the various uses
during the peak parking hours. Therefore, the reduction in
parking will not be detrimental to the surrounding community
as it will not result in parking impacts affecting adjacent
commercial or residential neighborhoods. Further, the site is
in compliance with all other development standards
applicable to the property.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
General Plan of the City since the proposed health club use
is consistent with Goals 1 and 2 of the Land Use Element of
the General Plan. These goals encourage uses such as
Gold's Gym that promote a balance of land uses to address
basic community needs and which enhance the City's
economic and fiscal viability.
Resolution No. 2011-
75A-56 Page 2 of 6
F. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review pursuant to Section 15061(b)(3),
which is a general rule exemption applying to projects that have no
possibility of having a significant effect on the environment. Categorical
Exemption Environmental Review No. 2010-122 will be filed for this
project.
Section 2. The City Council, after conducting the public hearing, hereby approves
Variance No. 2011-03 as conditioned in Exhibit "A" attached hereto and incorporated
herein, to reduce the required parking standards for a health club facility at 1945 East
Seventeenth Street, Unit 103.
This decision is based upon the evidence submitted at the above said hearing, which
includes, but is not limited to: the Request for Planning Commission Action dated March
28, 2011, and exhibits attached thereto; the Request for City Council Action dated April
18, 2011, and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this day of , 2011.
APPROVED AS TO FORM:
Joseph Straka
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
75A-57
Resolution No. 2011-
Page 3 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011- to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2011-
75A-58 Page 4 of 6
Conditions for Approval for Variance No 2011-03
Variance No. 2011-03 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code, and all other
applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
All proposed improvements must conform to the Site Plan Review
approval of DP No. 2010-40 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. Additional landscaping shall be installed along the northern and western
property lines to minimize the impacts on the adjacent residential
neighbors. Said landscaping shall be designed and installed subject to
the approval of the Planning Division.
4. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be
maintained to include the minimum level of plant materials installed at the
time of occupancy and per the approved plan.
5. The north door(s) shall be kept closed at all times during the operation of
the premises except in cases of emergency and to permit deliveries.
Said door(s) may not consist of a screen or ventilated security door.
6. A gate shall be installed to enclose the rear parking lot. Said gate shall
restrict parking to patrons beginning at 8:00 pm. Parking in the rear
parking lot shall be made available to employees at all times.
EXHIBIT A
Resolution No. 2011-
75A-59 Page 5 of 6
B. Police Department
One state licensed uniformed security guard shall be required in the rear
parking lot from 8:00 p.m. until all individuals have left the business.
2. A security plan must be submitted to the Police Department at the plan
check stage for approval. The plan must cover all aspects of the
project's security including security personnel, surveillance/camera
equipment, parking control measures, and access control hardware.
The project will be required to have a minimum of one state licensed
uniformed security personnel as agreed upon between the applicant and
the Police Department. Alternate means and methods can be proposed
that mitigate the concerns specified above with Police Department
approval.
Resolution No. 2011-
75A-60 Page 6 of 6
April 13, 2011
City of Santa Ana
clerk of the council office
20 Civic Center Plaza
Santa Ana, CA 92702
Re: zoning ordinance Amendment No. 2011-92;
variance No. 2011-03
Dear Sir:
I am against adopting the above zoning amendments.
There is not a lack of gyms and parking availability is
enough of a problem.
Very truly yours,
Beverly M. Geddy
2013 N. Williams St.
Santa Ana, CA 92705
75A-61
75A-62